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ALBANY 

J. B. LYON COMPANY, STATE POINTERS 

19 10 



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STATE OF NEW YORK 






Forest, Fish and Game 
Commission 



JAMES S. WHIPPLE, Commissioner 
J. DUNCAN LAWRENCE, Deputy Commissioner 



General Offices 

The Capitol 

Albany, N. Y. 



FEB 



j 



^THE FOREST, FISH AND GAME LAW. 



Chapter 24 of the Laws of 1909. 

"AN ACT relating to the protection of the forests, 
fish and game of the state, constituting chapter 
nineteen of the consolidated laws." 

Became a law February 17, 1909, with the approval of tha 
Governor. Passed, three-fifths being present. 

The People of the State of New York, represented 
in Senate and Assembly, do enact as follows: 

Chapter Nineteen of the Consolidated Laws 
Forest, Fish and Game Law. 

PART I. 

Article 1. Forest, fish and game commission (§§ 1- 
8). 

2. Game protectors (§§ 11-18). 

3. Prosecutions (§§ 19-27). 

4. Private rarks (§§ 28-33). 

5. Forests and public parks (§§ 34-75). 

PART II. 

Article 6. Quadrupeds (§§ 76-86). 

7. Birds (§§ 87-105). 

8. Fish, general provisions (§§ 106-143). 

9. Fish, local provisions (§§ 144-160). 
10. Fishways (§§ ifa-166). 



4 The Forest, Fish and Game Law. 

Article n Long Island (§§ 167-182). 

12. Bureau and marine fisheries (§§ 182*- 
225). 

13.- Definitions, construction; laws repealed; 
effect (§§ 240-244). 

ARTICLE I. 
Forest, Fish and Game Commission. 

Section 1. Short title. 

2. Forest, fish and game commission. 

3. Fish culturist. 

4. Office and clerical force. 

5. Duties of commissioner. 

6. Power of commissioner to dispose of 

game and fish seized. 

7. Report to legislature. 

8. t Commission to compile forest, fish and 

game law. 

§ 1. Short title. — This chapter shall be known 
as the " Forest, Fish and Game Law." 

§ 2. Forest, fish and game commission. — The 
forest, fish and game commission shall consist of 
a single commissioner as now provided by law. He 
shall have all the powers and duties formerly pos- 
sessed by such commission or any member thereof. 
He shall be appointed by the governor by and with 
the advice and consent of the senate. The term of 
office of such commissioner and his successors in 
office shall be four years, and in case of vacancy in 
the office, the appointment shall be to fill the va- 

*So in original. See section 183, p. 109. 
tSo in original. See section 8, p. 7. 



The Forest, Fish and Game Law. 5 

cancy. He shall receive an annual salary of six 
thousand dollars and the expenses necessarily in- 
curred by him in the discharge of his official duties. 
Said commissioner shall appoint a deputy commis- 
sioner who shall receive an annual salary of three 
thousand dollars and the expenses necessarily in- 
curred by him in the discharge of his official duties. 
During the absence or inability to act of the com- 
missioner the deputy commissioner shall have and 
exercise all the powers of the commissioner. The 
commissioner and deputy commissioner shall each 
execute and file with the comptroller of the state 
a bond to the people of the state in the sum of ten 
thousand dollars with sureties to be approved by 
the comptroller, conditioned for the faithful per- 
formance of his duties and to account for and pay 
over pursuant to law, all moneys received by him in 
his office. The commissioner and deputy commis- 
sioner shall take and subscribe the constitutional 
oath of office. The deputy commissioner may be 
removed by the commissioner who may in like man- 
ner appoint a successor. (As am'd by chap. 474, 
Laws of 1909.) 

§ 3. Fish culturist. — The commissioner shall 
appoint a fish culturist who shall have charge under 
the direction of the commissioner of the culture of 
fish in the state. He shall receive an annual salary 
of three thousand dollars, and have his actual and 
necessary traveling expenses while in the perform- 
ance of his official duty. 

§ 4. Office and clerical force. — The commis- 
sioner shall have an office in the capitol at Albany, 
and may lease an office in the borough of Man- 



6 The Forest, Fish and Game Law. 

hattan or in the borough of Brooklyn for the sale 
or lease of lands under water, as provided by law. 
The commissioner may appoint a general secretary 
and a confidential secretary, a superintendent of 
forests, an assistant superintendent of forests and 
such other clerical assistants as are actually needed 
and fix their compensation. The superintendent of 
forests and in his absence or inability to act, the 
assistant superintendent of forests, shall, subject to 
the direction of the commissioner, have general 
supervision of the forest preserve and the forestry 
interests of the state, and shall enforce all laws and 
regulations for the protection and preservation of 
the forest preserve, and public parks described in 
this chapter. The assistant superintendent of forests, 
when directed by the commissioner so to do, shall 
perform all acts required to be performed by the 
commissioner under sections sixty-eight, sixty-nine, 
seventy and seventy-one of this chapter. (As am'd 
by chap. 474, Laws of 1909.) 

§ 5. Duties of commissioner. — The commis- 
sioner shall have charge, control and management 
of the state lands and forests in the state forest 
preserve, parks and reservations ; of the propagation 
and distribution of food and game fish and shell- 
fish to supply the waters of the state; of hatching 
stations owned or operated by the state ; of the en- 
forcement of laws for the protection of fish and 
game and the forests ; of lands under water which 
have been or shall be designated, surveyed and 
mapped out pursuant to law as oyster beds, and 
power to grant shellfish leases or franchises on such 
lands according to law, and such other powers and 
duties as are or may be imposed upon him by law. 



The Forest, Fish and Game Law. 7 

I 6. Power of commissioner to dispose of 

game and fish seized. — Whenever game animals, 
birds or fish possessed in violation of the law shall 
have been seized and confiscated by the state, the 
commissioner may, in his discretion, order that the 
same may be sold or given away for charitable pur- 
poses, and the same may be transported at any time 
for such purpose. 

§ 7. Report to legislature. — The commissioner 
shall annually report to the legislature the proceed- 
ings of the commission for each year ending Sep- 
tember thirtieth with such recommendations as he 
deems proper. In such report he shall include a 
detailed statement of the receipts and disbursements 
from all sources; a brief description of the land 
purchased during the year for the Adirondack park, 
and statistics of forest fires. 

§ 8. Compilation and digest of forest, fish and 
game law. — As soon as practicable after the ad- 
journment of the legislature in each year, the forest, 
fish and game commissioner shall make a compila- 
tion of the forest, fish and game law, as amended 
at the date of such compilation, and properly index 
the same. Thirty thousand copies of said compila- 
tion shall be printed in pamphlet form of pocket size, 
under the direction of the clerks of the senate and 
assembly, and such clerks shall distribute them as 
follows : One hundred copies to each senator, fifty 
copies to each assemblyman, and the balance to the 
forest, fish and game commission for distribution. 
The forest, fish and game commissioner shall, as 
soon as practicable after the adjournment of the 
legislature in each year, prepare a brief summary 



8 The Forest, Fish and Game Law. 

or digest of the forest, fish and game law. A sum- 
cient number of copies of such summary or digest 
shall be printed, which the forest, fish and game 
commissioner shall distribute to county, city and 
town clerks to supply a copy to each person procur- 
ing a hunting license, and the balance, if any, shall 
be distributed by the forest, fish and game com- 
missioner in such manner as he deems best. (As 
am'd by chap. 533, Laws of 1909.) 

ARTICLE II. 
Game protectors. 

Section 11. Game protectors. 

12. Game protectors to give bonds. 

13. Compensation of game protectors. 

14. Powers of game protectors. 

15. Records and reports. 

16. Chief game protector's report. 

17. Special game protectors. 

18. Sheriffs and constables. 

§ 11. Game protectors. — The commissioner 
shall appoint ninety game protectors. At least 
one shall reside in each of the counties of Essex, 
Clinton, Franklin, Saint Lawrence, Jefferson, Lewis, 
Herkimer, Hamilton, Warren and Washington, and 
the next eight protectors shall be appointed from 
said counties. The protectors shall hold office dur- 
ing the pleasure of the commissioner and the com- 
missioner shall from time to time designate from 
the protectors a chief game protector and a first, 
second, third, fourth, and fifth assistant chief game 
protectors, four division chiefs, and a protector for 
the Saint Lawrence river. The commissioner may 



The Forest, Fish and Game Law. g 

appoint two additional game protectors who shall 
be assigned to enforce the law for the protection 
of fish in Jamaica bay and adjacent waters as pre- 
scribed by the forest, fish and game law, and also 
shall perform such duties as said commissioner 
may direct. The chief game protector shall have 
general supervision and control of all protectors. 
Civil service examinations for protectors of all 
grades shall be confined to counties. (As am'd by 
chap. 474, Laws of 1909 and chap. 675, Laws of 
1910.) 

§ 12. Game protectors to give bonds. — The 
chief game protector shall give a bond to the people 
of the state in the sum of one thousand dollars con- 
ditioned for the faithful discharge of his duties, 
with sureties to be approved by the commissioner. 
Every game protector shall give a like bond in the 
sum of five hundred dollars. 

§ 13. Compensation of game protectors. — The 

chief game protector shall receive an annual salary 
of two thousand five hundred dollars a year and 
his actual and necessary expenses while in the dis- 
charge of his official duties, not exceeding one thou- 
sand dollars a year. The first assistant chief pro- 
tector shall receive one thousand six hundred dol- 
lars a year. The chief protector, or the first as- 
sistant chief protector during such time as he shall 
be required by the commissioner to reside constantly 
in Albany shall receive an additional salary at the 
rate of fifty dollars per month together with his 
necessary traveling and incidental expenses while 
absent from the city of Albany in the discharge of 
his official duties. The second, third, fourth, and 



io The Forest, Fish and Game Law. 

fifth assistant chief protectors and each division 
chief protector shall each receive one thousand 
two hundred dollars a year. Each assistant chief 
protector and each division chief shall receive his 
necessary traveling and incidental expenses while 
in the discharge of their official duties not exceed- 
ing seven hundred and fifty dollars a year. Other 
protectors shall receive nine hundred dollars a 
year and an allowance for expenses not exceeding 
five hundred dollars a year. Each of the two game 
protectors appointed to protect fish in Jamaica bay 
shall receive not to exceed thirteen hundred dol- 
lars a year and actual and necessary traveling and 
incidental expenses while in the discharge of their 
official duty, not exceeding four hundred and fifty 
dollars each year. (As am'd by chap. 474, Laws 
of 1909 and chap. 657, Laws of 1910.) 

§ 14. Powers of game protectors. — Game pro- 
tectors shall enforce all laws relating to fish, birds 
and game; all laws of boards of supervisors relat- 
ing to the same ; and shall have power to execute 
all warrants and search warrants issued for a viola- 
tion of this chapter; to serve a summons issued 
from justices' court; to serve subpoenas issued for 
the examination and investigation or trial of offenses 
against any of the provisions of said law ; to make 
search where they have cause to believe that fish 
or game is possessed in violation of law, and with- 
out search warrant to examine the contents of any 
boat, car, box, locker, basket, creel, crate, gamebag 
or other package, and the contents of any building 
other than a dwelling house, to ascertain whether 
any of the provisions of this chapter or of any 
law for the protection of fish, shellfish, and gam« 



The Forest, Fish and Game Law. n 

have been or are being violated, and to use such 
force as may be necessary for the purpose of such 
examination and inspection; and with a search war- 
rant to search and examine the contents of any 
building or dwelling house; seize all game animals, 
birds or fish, possessed in violation of law and hold 
the same subject to the order of the commissioner; 
to arrest without warrant any person committing 
a misdemeanor under the provisions of this chapter 
in their presence, and take such person immediately 
before a magistrate having jurisdiction for trial. 
Any regular or special game protector, fire super- 
intendent or fire patrolman or inspector who shall 
compromise or settle any violation of the forest, 
fish and game law out of court, or without the order 
of the forest, fish and game commissioner shall be 
guilty of a misdemeanor. (As am'd by chap. 474, 
Laws of 1909.) 

§ 15. Records and reports. — Each game pro- 
tector shall keep a daily record of his official acts, 
and at the close of each month report the same to 
the chief game protector. The salary and travel- 
ing expenses of a protector shall not be payable 
except upon the certificate of the chief game pro- 
tector that such protector has made the required 
report and properly performed his duties. 

§ 16. Chief game protector's report. — The chief 
game protector shall make a monthly report to the 
commissioner of the operation of his department 
during the preceding month and shall report any 
negligence or failure to perform duty on the part 
of any game protector, and shall make such further 
reports as shall be required by the commissioner. 



12 The Forest, Fish and Game Law. 

§ 17. Special game protectors. — The commis- 
sioner may in his discretion appoint a person rec- 
ommended by a majority of the supervisors of 
any county or by any game club incorporated for 
the protection of fish or game, as special game pro- 
tector. Such special game protectors shall hold 
office during the pleasure of the commissioner and 
shall have the same powers as game protectors and 
receive one-half of the fines and penalties less ex- 
penses, but shall not receive pay from the state. 
They shall make reports in the same manner as 
game protectors. 

§ 18. Sheriffs and constables. — Peace officers 
shall have the same powers as game protectors under 
this chapter, except the right of search without war- 
rant. 

ARTICLE III. 
Prosecutions. 

Section 10. Actions for penalties by the people. 

20. Costs in actions by the people. 

21. Proceeds of actions by the people. 

22. Actions by private persons or societies. 

23. Judgments; how enforced. 

24. Criminal jurisdiction of courts. 

25. Search warrants; when issued. 

26. Punishment for misdemeanor. 

27. Witnesses not excused from testifying. 

§ 19. Actions for penalties by the people. — 

Except as otherwise provided in this chapter, actions 
for penalties for a violation of the forest, fish and 
game provisions of this chapter shall be in the name 



The Forest, Fish and Game Law. 13 

of the people of the state of New York; and must 
be brought on the order of the commissioner. The 
forest, fish and game commissioner may employ 
necessary counsel in the office of the forest, fish and 
game commission, and may likewise designate and 
appoint an attorney or attorneys to represent the 
department in the prosecution or defense of any 
action or proceeding brought under the provision of 
this chapter. They shall be paid by the state treas- 
urer on the warrant of the comptroller such com- 
pensation as shall be agreed upon by the forest, fish 
and game commissioner. Such actions may be dis- 
continued by order of the court on the application 
of the commissioner upon such terms as the court 
may direct. Such actions if in justices' courts, may 
be brought in any town of the county in which the 
penalty is incurred or of the county in which the 
defendant resides. 

§ 20. Costs in actions by the people. — In case 
of recovery of any amount in an action for a penalty 
under this chapter or in an action authorized by the 
article on forests and public parks, the people shall 
recover full costs as provided by section thirty-two 
hundred and fifty-one of the code of civil procedure, 
together with witnesses' fees and other disburse- 
ments. 

§ 21. Proceeds of actions by the people. — 
Moneys recovered in an action for a penalty, or upon 
the settlement or compromise thereof, and fines for 
violations of this chapter shall be paid to the com- 
missioner who shall apply so much thereof as may 
be necessary to the payment of the expenses of col- 
lection and shall on the order of the commissioner 



14 The Forest, Fish and Game Law. 

pay one-half of the balance, in cases brought by 
special protectors and fire wardens, to the special 
game protector or fire warden upon whose informa- 
tion the action was brought. Regular protectors shall 
not receive moieties. 

§ 22. Actions by private persons or societies. 
— A private person, on giving security for costs to 
be approved by a judge of the court in which the 
action is brought and any society, or corporation 
for the protection of fish, birds and game, may re- 
cover in his or its name any penalty imposed by this 
chapter for a violation of the fish and game pro- 
visions thereof, and shall be entitled in case of col- 
lection, to one-half of the recovery; the balance shall 
be paid to the commissioner. Notice of the com- 
mencement of such an action shall be given to the 
commissioner within fifteen days after the service 
of the summons therein, and failure to give such 
notice shall be a defense to the action. If after 
the commencement thereof an action be brought for 
the same penalty in the name of the people, an 
order shall be entered on the application of the 
commissioner for the discontinuance of such action 
without cost to either party. Motion papers on such 
application shall be entitled in both actions. 

§ 23. Judgments; how enforced. — Judgments 
recovered under this chapter may be enforced by 
execution against the person. A person imprisoned 
upon such an execution as provided by section three 
thousand and thirty-two of the code of civil pro- 
cedure shall not be admitted to the liberties of the 
jail and shall be confined for not less than one day, 
and at the rate of one day for each dollar recovered. 



The Forest, Fish and Game Law. 15 

No person shall be imprisoned more than once or for 
more than six months on the same judgment. Im- 
prisonment shall not operate to satisfy a judgment. 

§ 24. Criminal jurisdiction of courts. — Courts 
of special sessions and police courts in towns and 
villages and the several courts of special sessions 
and police courts in cities shall in the first instance 
have exclusive jurisdiction of offenses committed 
under this chapter, and the jurisdiction of said 
courts shall extend to all such offenses committed in 
the county where the court sits. A warrant snail 
be returnable before the magistrate issuing the same. 

§ 25. Search warrants; when issued.- -Any jus- 
tice of the peace, police justice, county judge, judge 
of the city court or magistrate having criminal juris- 
diction, shall if it. appear probable that fish, birds 
or game taken or possessed contrary to the pro- 
visions of this chapter, is concealed, issue a search 
warrant for the discovery thereof, according to the 
practice provided in sections seven hundred and 
ninety-four to seven hundred and ninety-seven in- 
clusive of the code of criminal procedure. 

§ 26. Punishment for misdemeanor. — A person 
convicted of a misdemeanor under this chapter shall, 
except as otherwise provided, be punished by a fine 
of not less than ten dollars or more than the amount 
of penalty recoverable in a civil action for the 
offense committed; or by imprisonment in the 
county jail or penitentiary for not less than one day 
or more than one day for -every dollar of such 
penalty, or by both such fine and imprisonment. 



i5 The Forest, Fish and Game Law. 

§ 27. Witnesses not excused from testifying. — 

No person shall be excused from testifying in any 
civil or criminal action or proceeding taken or had 
under this chapter upon the ground that his testi- 
mony might tend to convict him of a crime. But 
no evidence derived from the examination of such 
person shall be received against him upon a crim- 
inal prosecution. A person called for the people and 
so testifying shall not thereafter be liable to indict- 
ment or conviction for the violation or violations 
of this chapter respecting which he has so testified, 
and may plead or prove the giving of such testi- 
mony in bar of such an indictment or conviction. 

ARTICLE IV. 
Private parks. 

Section 28. Laying out private parks. 

29. Laying out private parks, continued. 

30. Notices in private parks. 

31. Protection of private lands not parks. 

32. Fish and game protected. 
32-a. Game and bird refuge. 

33. Signs not to be defaced. 

§ 28. Laying out private parks. — A private park 
for the propagation a'nd protection of fish, birds or 
game may be established by an owner or person 
having the exclusive right to hunt or fish on land or 
land and water, by publishing once a week for not 
less than four weeks in a newspaper printed in the 
county where such land or land and water are situ- 
ated, a notice substantially describing the same and 
stating that it will be used as a private park to 
propagate and protect fish, birds or game. But 
waters stocked with fish by the state at any time 



The Forest, Fish and Game Law. 17 

after April seventeenth, eighteen hundred and ninety- 
six, shall not be laid out in any such park. If 
waters in any such park are hereafter stocked by 
the state with the consent of the owner the pro- 
visions of this article shall no longer apply thereto. 

§ 29. Laying out private parks, continued. — 
Part of a lake or pond may be laid out in a private 
park, if all riparian owners, including owners of the 
bed thereof, consent thereto in writing. If the state 
of New York be such an owner such consent may 
be given by the commissioner. 

§ 30. Notices in private parks. — Notices or 
signboards not less than one foot square warning all 
persons against hunting or fishing or tres± assing 
thereon for that purpose, shall be conspicuously 
posted and maintained on a private park as follows : 
If it consists entirely of land, not more than forty 
rods apart along the entire boundary thereof; if it 
consists of land and water, at least one notice for 
each one hundred acres thereof; if it consists of a 
lake or pond only, in at least four conspicuous places 
on or near the shore thereof ; if it consists of a 
stream only, not more than one-half mile apart on 
the banks thereof. If a park be fenced, upon part 
or the whole of the outer boundary thereof, notices 
shall be placed on or near the fence not more than 
forty rods apart. It shall also be considered due 
service of notice for trespass upon any person or 
persons, by serving them personally in the name 
of the owner or owners of such private park with 
a written notice containing a brief description of the 
premises, warning all persons against hunting or fish- 
ing or trespassing thereon. 



i8 The Forest, Fish and Game Law. 

§ 31. Protection of private lands not parks.— 
An owner or person having the exclusive right to 
hunt or fish upon inclosed or cultivated lands, or to 
take fish in a pond or stream, may maintain such 
notices or signboards upon every fifty acres of the 
premises sought to be protected upon or near the 
lot lines thereof, or if waters only, upon or near the 
shores thereof in at least two conspicuous places, or 
may personally serve a written notice in the name 
of such owner or person containing a brief descrip- 
tion of the premises warning all persons against 
hunting or fishing or trespassing thereon for that 
purpose. 

§ 32. Fish and game protected. — No person 
shall take or disturb fish, birds or game on any pri- 
vate park or private lands, or trespass thereon for 
that purpose, after notice as prescribed in this chap- 
ter. A person who violates any provision of this 
article is guilty of a misdemeanor, and shall be sub- 
ject to exemplary damages in the sum of twenty- 
five dollars for each offense or trespass to be recov- 
ered by the owner of the lands, or hunting and fish- 
ing rights thereon, with costs of suit, in addition 
to the actual damages, all of which may be recovered 
in the same action. The consent in writing of such 
owner to hunt or fish on said lands during the open 
season shall be a defense to a prosecution under this 
section. 

§ 32-a. Game and bird refuge. — The commis- 
sioner may, on the request of a majority of the 
town board of any town, prohibit or regulate the 
taking of birds or game on lands set aside with 
the consent of the owner or owners thereof as 






The Forest, Fish and Game Law. 19 

bird and game refuges for a period of not to ex- 
ceed ten years from the date set in the applica- 
tion. At least thirty days before such prohibi- 
tion or regulation shall take effect a copy of the 
same shall be filed in the office of the clerk of 
the town to which the prohibition or regulation 
applies, and printed copies thereof, at least one 
foot square, shall be posted along the boundaries 
of the land affected, not more than fifty rods 
apart. Whoever shall violate or attempt to vio- 
late any such prohibition or regulation is guilty 
of a misdemeanor and in addition thereto shall be 
liable to a penalty of one hundred dollars for 
each violation. (Added by chap. 657, Laws of 
19 10.) 

§ 33* Signs not to be defaced. — A person who 
injures, defaces or removes a notice or signboard 
placed or maintained pursuant to the provisions of 
this chapter, is guilty of a misdemeanor, and liable 
to a penalty of twenty-five dollars. 

ARTICLE V. 
Forests and public parks. 

Section 34. Forest preserve. 

35. Adirondack park. 

36. Catskill park. 

27. Saint Lawrence reservation. 

40. Powers of commissioner. 

41. Right of partition. 

42. Trespass on forest preserve. 

43. Purchases in Adirondack park. 

44. Forest purchasing board. 



20 The Forest, Fish and Game Law. 

Section 45. Duties. 

46. May enter land. 

47. State engineer and surveyor to make 

description of land appropriated. 

48. Adjustment of claims for property con- 

demned. 

49. Jurisdiction of court of claims. 

50. Owner may reserve timber. 

51. Reservation of timber restricted. 

52. Under reservation of timber, no damages 

for land taken. 

53. Warrants. 

54. Adjustment of claims for trespass or 

other injuries. 

55. Interest. 

56. Regulations as to cutting timber. 

57. Value of reserved timber. 

58. Appraisers. 

59. Compensation of employees. 

60. Title to lands. 

61. Costs and disbursements. 

62. Judgments. 

64. Service of notice. 

65. Court of claims to examine property. 

66. Limitations on taking real property. 

67. Chief fire warden and foresters. 

68. Fire patrol by railroads. 

69. Fire districts and fire patrols. 

70. Duties of superintendents of fire. 

71. Compensation of fire patrolmen and 

others employed at fires. 

72. Railroads in forest lands. 

73. Fires to clear land. 

74. Forest fires prohibited. 

75. Proceeds of actions for forest fires. 






The Forest, Fish and Game Law. 21 

Section 75-a. Authority of governor over forests, 
fish and game of the state. 
75-b. Statistics of forest products. 

§ 34. Forest preserve. — The forest preserve 
shall include the lands owned or hereafter acquired 
by the state within the county of Clinton, except 
the towns of Altona and Dannemora, and the coun- 
ties of Delaware, Essex, Franklin, Fulton, Hamilton, 
Herkimer, Lewis, Oneida, Saratoga, Saint Lawrence, 
Warren, Washington, Greene, Ulster and Sullivan, 
except 

1. Lands within the limits of any village or city, 
and 

2. Lands not wild lands acquired by the state on 
foreclosure of mortgages made to loan commis- 
sioners. 

§ 35. Adirondack park. — The Adirondack park 
shall include all lands now owned or hereafter ac- 
quired by the state within the following bounds, to 
wit : Beginning at the southeast corner of the town 
of Hope in the county of Hamilton, and running 
thence westerly along the southerly lines of Ham- 
ilton county, and continuing and following the south- 
erly line of the town of Wilmurt, in Herkimer 
county, to the point of intersection with the westerly 
line of Herkimer county, and thence northerly along 
the westerly lines of Herkimer county to its junction 
with the southwesterly line of Saint Lawrence 
county; thence westerly along said southwesterly line 
of Saint Lawrence county to the most westerly 
corner of township fourteen, great tract three, Ma- 
comb's purchase ; thence easterly along the northerly 
line of said township fourteen to the northeast 



22 The Forest, Fish and Game Law. 

corner thereof; thence northerly along the west line 
of township thirteen, great tract three, Macomb's 
purchase, to the northwest corner of said town- 
ship thirteen ; thence east along the north line of 
said township thirteen and the south line of town- 
ship ten, tract and purchase aforesaid, to the south- 
west corner of the southeast quarter of said town- 
ship ten; thence north along the west line of the 
said southeast quarter of the aforesaid township 
ten to- the north line of said township ; thence east 
along said north line to the west line of township 
seven, great tract two, Macomb's purchase; thence 
northerly along the west line of township seven 
aforesaid to the northwest corner of the township ; 
thence easterly along the northerly lines of town- 
ships seven and eight, great tract two, Macomb's 
purchase, to the southwest corner of township 
twelve of said great tract two; thence northerly 
along the west line of township twelve to the north- 
west corner of lot one in the south half of said 
township; thence easterly along the north line of 
said south half of said township twelve to the west 
line of the county of Franklin; thence north along 
the west line of the county of Franklin to the 
northwest corner of the south half of township thir- 
teen of great tract one, Macomb's purchase; thence 
easterly along the northerly line of the south half 
of townships thirteen, fourteen and fifteen of said 
great tract one, Macomb's purchase, to the west 
line of the old military tract; thence south along 
said west line to the northwest corner of township 
ten of said old military tract; thence easterly along 
the north line of said township ten to the west line 
of Clinton county; thence southerly along the west 
line of Clinton county to the north line of Essex 



The Forest, Fish and Game Law. 23 

county; thence easterly along the north line of Es- 
sex county to the northeast corner of the town of 
Wilmington; thence along the east and easterly line 
of the town of Wilmington to the intersection with 
the north line of the town of Keene; thence east 
to the northeast corner of said town of Keene; 
thence southerly along the easterly line of the town 
of Keene to the southeast corner thereof; thence 
easterly along the northerly line of the town of 
North Hudson to the most northeasterly corner of 
the said town; thence southerly along the easterly 
lines of the town of North Hudson and Schroon to 
the southeast corner of the said town of Schroon; 
thence westerly along the southerly line of the towns 
of Schroon and Minerva to the northeasterly corner 
of Leggett's survey of the southwest quarter of 
township fourteen of Totten and Crossfield's pur- 
chase; thence southeasterly along the line of Leg- 
gett's survey to the southerly line of said township 
fourteen; thence southwesterly along the line of 
Leggett's survey, being the southerly line of said 
township fourteen, to the most southerly corner of 
said township; thence southeasterly along the east- 
erly line of township thirteen and the westerly line 
of township twelve to the southeasterly corner of 
lot twenty-five of township eleven of said Totten 
and Crossfield's purchase; thence southwesterly 
along the southerly line of lots twenty-five, twenty- 
six, twenty-seven and twenty-eight to the south- 
westerly corner of said lot twenty-eight; thence 
southeasterly along the easterly lines of lots forty- 
four, fifty-three, sixty-eight, seventy-seven and five 
of said township eleven, and of lots nine, twenty- 
one, thirty, thirty-seven and forty of the gore be- 
tween township eleven of Totten and CrossfiekTs 



2.\ The Forest, Fish and Game Law. 

purchase and the Dartmouth patent and of lots five 
of ra»ges six, seven, eight, nine and ten of the 
Dartmouth patent to the southeasterly corner of lot 
five of said range six of said patent in Warren 
county; thence westerly along the southerly line of 
said range six of said Dartmouth patent to the 
northeasterly line of Palmer's purchase; thence 
southeasterly along the easterly line of said Pal- 
mer's purchase to the most easterly corner of the 
middle division of said purchase; thence southwest- 
erly along the southerly line of the said middle di- 
vision of Palmer's purchase through Saratoga county 
to the easterly boundary of the town of Hope in 
Hamilton county; thence southerly along the east 
line of the town of Hope to the place of beginning. 
Such park shall forever be reserved and maintained 
for the free use of all the people. 

§ 36. Catskill park.— The Catskill park shall 
include all lands now owned or hereafter acquired 
by the state within the following boundaries, to wit : 
Beginning in Ulster county at the southeasterly 
corner of great lot five of the Hardenburg patent, 
thence running northwesterly along the southerly 
boundary of said great lot five through Sullivan 
county to the east branch of the Delaware river in 
Delaware county; thence along the southerly bank 
of the said east branch of the Delaware river to 
the Ulster and Delaware railroad at the village of 
Arkville; thence along the said Ulster and Dela- 
ware railroad easterly to the line between the 
counties of Delaware and Ulster; thence north- 
easterly along that line to the southerly line of 
Greene county; thence northwesterly along the 
southerly line of Greene county to the line between 



The Forest, Fish and Game Law. 25 

the towns of Halcott and Lexington; thence north- 
erly along the easterly line of the town of Halcott 
to the line between great lots twenty and twenty- 
one of the Hardenburg patent; thence northerly 
along said line to the south bank of the Bataviakill ; 
thence along the southerly bank of the Bataviakill 
easterly to the west line of the state land tract; 
thence northerly, easterly and southerly along th« 
line of the said state land tract to the line between 
the towns of Cairo and Catskill ; thence southwest- 
erly along said town line to the easterly line of the 
town of Hunter; thence southerly along the said 
easterly line of the town of Hunter to the line of 
the Hardenburg patent; thence easterly, southerly 
and westerly along the general easterly line of the 
Hardenburg patent to the line between the towns 
of Olive and Rochester of Ulster county; thence 
easterly on said line to the point where the Met- 
tacahonts creek crosses the same flowing easterly; 
thence southwesterly parallel with the northwesterly 
line of the town of Rochester to the line between 
the towns of Rochester and Wawarsing; thence 
westerly and southerly along the line of the Har- 
denburg patent to the place of beginning. Such 
park shall forever be reserved and maintained for 
the free use of all the people. 

§ 37. Saint Lawrence reservation. — All that 
part of the river Saint Lawrence lying and being 
within the state, with the islands therein, and all 
that portion of Lake Ontario adjacent to Jef- 
ferson county, including Chaumont bay, Griffins 
bay, Black River bay and Henderson bay, with the 
islands therein, and such lands along the shore 
thereof as are now owned by or shall hereafter be 



20 The Forest, Fish and Game Law. 

acquired by the state, is continued as an interna- 
tional park which shall be known as the " Saint 
Lawrence Reservation." (As am'd by chap. 313, 
Laws of 1910.) 

§ 40. Powers of commissioner. — The commis- 
sioner shall : 

1. Have the care, control and supervision of the 
forest preserve and all public parks described in 
this article ; and make from time to time rules for 
the use, care and administration thereof and enforce 
the same ; but no such rule shall affect the free 
use of any road or waterway as the same may have 
been heretofore lawfully used, or may be reasonably 
required in the prosecution of lawful business. 

2. Lay out roads and paths in such public parks 
and issue licenses on such terms as he may impose 
for guides or other persons engaged in business 
therein. 

3. Possess all the powers relating to the forest 
preserve and the Adirondack park which were vested 
in the commissioners of the land office and in the 
comptroller on May fifteenth, eighteen hundred and 
eighty-five. 

4. Make rules for the prevention of forest fires 
and cause the same to be posted in all proper places 
throughout the state. 

5. Prepare and distribute tracts giving informa- 
tion on the care and renewal of private woodlands, 
ar-d with the approval of the commissioner of edu- 
cation and the regents of the university, supply to 
schools, academies and colleges the means of in- 
struction in forestry. 

6. Said commissioner may and is hereby given the 
exclusive power to bring, in the name of the people 



The Forest, Fish and Game Law. 27 

of the state, any action or special proceeding in a 
court of justice or before the comptroller of the 
state to set aside the cancellation of any sale of land 
for taxes or to ascertain and determine the title to 
lands in the Adirondack park or in the forest pre- 
serve, claimed by any person or persons, association 
or corporations adversely to the state, and, if such 
lands are held or occupied by or under such claim- 
ants, to recover the possession thereof; and to de- 
mand an accounting and recover damages for any 
timber cut or moved from any lands involved in 
any such action, and, if demanded in the complaint, 
to recover triple damages therefor; and for sucn 
purposes may bring any action or special proceeding 
which an owner of lands would be entitled to bring. 
Said commissioner may make any demand, tender or 
offer, before or after commencing any action or 
special proceeding, deemed necessary or proper for 
the purpose of entitling it to enforce or defend' any 
right or claim on behalf of the state, and may, in 
its discretion, settle and compromise any suits and 
special proceedings authorized by this section and 
adjust the claims involved therein. Said commis- 
sioner may and is hereby given power to bring, in 
the name of the people of the state, any action or 
proceeding in a court of justice which an owner 
of land would be entitled to bring to perfect the 
state's title or record title to land owned or 
claimed by it in the forest preserve counties of the 
state, and any other action or special proceeding 
with respect to such lands which an owner of 
lands would be entitled to bring. Said commis- 
sioner may employ attorneys and counsel to prose- 
cute any such action or special proceedings, or to 
defend any such action or special proceeding or 



28 The Forest, Fish and Game Law. 

any action or proceeding brought against the com- 
missioner or any of its members, arising out of 
their official conduct with relation to the forest pre- 
serve. The compensation and disbursements of such 
attorneys and counsel shall be fixed by the commis- 
sioner. All such actions shall be brought in the 
county where the lands are located, and a prelim- 
inary or final injunction may, on application in an 
action brought under this section, be granted re- 
straining any act or trespass, waste or destruction 
upon any lands within the Adirondack park, or in 
the forest preserve, claimed or owned by the state, 
or which may hereafter be acquired by the state. 
(As am'd by chap. 474, Laws of 1909 and chap. 657, 
Laws of 19 10.) 

§ 41. Right of partition. — Whenever the state 
owns an undivided interest in lands in the forest 
preserve, or is in possession of such lands as joint 
tenant in common with another having a freehold 
estate therein, the attorney-general shall, on the re- 
quest of the commissioner, bring an action in the 
name of the people for the actual partition thereof. 
On the written consent of the commissioner a co- 
tenant may maintain an action for the actual parti- 
tion of such land, making the state a party de- 
fendant, and service of process upon the attorney- 
general shall be deemed service upon the state. 
Lands shall not be sold in such an action nor shall 
costs be allowed against the state. Actual partition 
of such lands may be made by the commissioner 
subject to the approval of the comptroller who may, 
in the name of the people, make any conveyance 
necessary or proper in such partition. Such con- 
veyances shall be recorded in like manner as con- 
veyances made by commissioners of the land office. 



The Forest, Fish and Game Law. 29 

§ 42. Trespass on forest preserve. — Foresters, 
inspectors, land appraisers, game protectors and fire 
wardens shall, upon the discovery of a trespass upon 
the forest preserve, forthwith report the same in 
writing to the superintendent of forests. They shall 
have the power to arrest without warrant any per- 
son detected in trespassing on lands of the forest 
preserve, and to take such person immediately be- 
fore a magistrate having jurisdiction for trial; and 
they shall report such action to the superintendent 
of forests. Actions may, on the order of the com- 
missioner, be maintained in the name of the people, 
through special counsel, whose compensation shall 
be fixed by the commissioner, to recover damages 
for trespass or waste on lands in the forest pre- 
serve, or to prevent trespass or injury thereto, with 
relief by temporary or final injunction; or to re- 
cover possession of lands belonging to the state 
within the forest preserve. Moneys recovered in 
such an action shall be paid to the commissioner, 
who, after paying the expenses of collection, shall 
pay to the special game protector or fire warden 
upon whose information the action was brought fifty 
dollars, or if the net balance be less than one hun- 
dred dollars, one-half thereof. A person who cuts 
or causes to be cut or carries away or causes to be 
carried away any tree, timber, wood or bark from 
state lands in the forest preserve is guilty of a mis- 
demeanor if the value thereof is less than twenty- 
five dollars; if the value thereof is twenty-five dol- 
lars or more such person is guilty of a felony; he 
shall also be liable to a penalty of ten dollars for 
each tree cut, taken away or destroyed. The penalty 
so incurred may be recovered in the action to re- 
cover damages for trespass or in a separate action. 



30 The Forest, Fish and Game Lazv. 

§ 43. Purchases in Adirondack park.- The 

commissioner may: 

Contract that lands within the Adirondack park 
not owned by the state shall, in consideration of 
exemption from taxation for state and county pur- 
poses, become public as part of the park in like 
manner as state lands. Such a contract must pro- 
vide against the removal of live timber except 
spruce, tamarack or poplar, more than twelve inches 
in diameter three feet from the ground, and may 
reserve to the owner the right to clear not more 
than one acre within each one hundred acres of 
land, and may contain such other reservations for 
occupancy as may be agreed upon. The approval of 
the commissioners of the land office must appear on 
any such contract by the certificate of their clerk. 
Such contract shall be recorded in like manner as 
conveyances made by commissioners of the land 
office. 

§ 44. Forest purchasing board. — The powers, 
duties and functions formerly by law exercised by 
and imposed on the forest preserve board are 
granted to and vested in the forest, fish and game 
commission. The governor may in his discretion 
from time to time designate two commissioners of 
the land office who shall act with the forest, fish and 
game commissioner in acquiring lands for the state 
under this chapter. If so designated such commis- 
sioners of the land office and the forest, fish and 
game commissioner shall while such designations are 
in force constitute a board who shall have the same 
powers to acquire lands under said chapter that 
were formerly possessed by the forest preserve 
board. Lands shall not be purchased or acquired 



The Forest, Fish and Game Law. 31 

under sections forty-five to sixty-six except with the 
consent of the governor. 

§ 45. Duties. — It shall be the duty of said 
board and it is hereby authorized to acquire for the 
state, by purchase or otherwise, land, structures or 
waters or such portion thereof in the territory em- 
braced in the Adirondack and Catskill parks, as de- 
fined and limited by this chapter, as it may deem 
advisable for the interests of the state. 

§ 46. May enter land. — Said board may enter 
on and take possession of any land, structures and 
waters in the territory embraced in the Adirondack 
and Catskill parks, the appropriation of which in 
its judgment shall be necessary for the purposes 
specified in section thirty-five and section thirty- 
six of this chapter and in section seven of article 
seven of the constitution. 

§ 47. State engineer and surveyor to make 
description of land appropriated. — Upon the re- 
quest of said board an accurate description of such 
lands so to be appropriated shall be made by the 
state engineer and surveyor, and certified by him 
to be correct, and said board or a majority thereof 
shall indorse on such description a certificate stating 
that the lands described therein have been appro- 
priated by the state for the purpose of making 
them a part of the Adirondack or Catskill parks ; 
and such description and certificate shall be filed 
in the office of the secretary of state. Said board 
shall thereupon serve on the owner of any real 
property so appropriated a notice of the filing and 



32 The Forest, Fish and Game Laze. 

the date of filing of such description and contain- 
ing a general description of the real property be 
longing to such owner which has been so ap- 
propriated; and from the time of such service, the 
entry upon and appropriation by the state of the 
real property described in such notice for the uses 
and purposes above specified shall be deemed com- 
plete, and thereupon such property shall be adeemed 
and be the property of the state. Such notice shall 
be conclusive evidence of an entry and appropria- 
tion by the state. Said board may cause duplicates 
of such notice with an affidavit of due service 
thereof on such owner to be recorded in the books 
used for recording deeds in the office of the clerk 
of any county of this state where any of the prop- 
erty described therein may be situated, and the 
record of such notice and of such proof of service 
shall be evidence of the due service thereof. 

§ 48. Adjustment of claims for property con- 
demned. — Claims for the value of the property 
taken and for damages caused by any such ap- 
propriation may be adjusted by said board if the 
amount thereof can be agreed upon with the 
owners of the land appropriated. The board may 
enter into an agreement with the owner of any 
land so taken and appropriated, for the value 
thereof, and for any damages resulting from such 
appropriation. Upon making such agreement the 
board shall deliver to the owner a certificate stat- 
ing the amount due to him on account of such 
appropriation of his lands, and a duplicate of such 
certificate shall also be delivered to the comptroller. 
The amount so fixed shall be paid by the treasurer 
upon the warrant of the comptroller. 



The Forest, Fish and Game Law. 33 

§ 49. Jurisdiction of court of claims. — If said 
board is unable to agree with the owner for the 
value of property so taken or appropriated, or 
on the amount of damages resulting therefrom, 
such owner, within two years after the service 
upon him of the notice of appropriation as above 
specified, may present to the court of claims a claim 
for the value of such land and for such damages, 
and the court of claims shall have jurisdiction to 
hear and determine such claim and render judg- 
ment thereon. Upon filing in the office of the 
comptroller a certified copy of the final judgment 
of the court of claims, and a certificate of the 
attorney-general that no appeal from such judg- 
ment has been or will be taken by the state, or, if 
an appeal has been taken, a certified copy of the 
final judgment of the appellate court, affirming in 
whole or part the judgment of the court of claims, 
the comptroller shall issue his warrant for .the pay- 
ment of the amount due the claimant by such 
judgment, with interest from the date of the judg- 
ment until the thirtieth day after the entry ^of such 
final judgment, and such amount shall be paid by 
the treasurer. 

§ 50. Owner may reserve timber. — The owner 
of land to be taken under this article may at his 
option within the limitations hereinafter pre- 
scribed, reserve the spruce timber thereon ten 
inches or more in diameter at a height of three 
feet above the ground. Such option must be 
exercised within six months after the service upon 
him of a notice of the appropriation of such land 
by said board, by serving upon such board a writ- 
ten notice that he elects to reserve the spruce timber 



34 The Forest, Fish and Game Law. 

thereon. If such notice be not served by the owner 
within the time above specified he shall be deemed 
to have waived his right to such reservation and such 
timber shall thereupon become and be the property 
of the state. Land acquired by purchase may be 
taken subject to the reservation of the soft timber 
thereon down to eight inches in diameter on the 
stump with the right to remove the same, or sub- 
ject to any lease, mortgage, or other incumbrance 
not extending ten years beyond date of purchase 
upon agreement between the board and the owner. 
The amount or value of any such lien, incumbrance 
or timber right upon land so purchased, shall be 
deducted from the purchase price thereof. The 
presentation of a claim to the court of claims be- 
fore the service of a notice of reservation, shall be 
deemed a waiver of the right to such reservation. 

§ 51. Reservation of timber restricted. — The 

reservation of timber and the manner of exercising 
and consummating such right are subject to the 
following restrictions, limitations and conditions : 

1. The reservation does not include or affect tim- 
ber within twenty rods of a lake, pond or river 
and such timber can not be reserved. Roads may 
be cut or built across or through such reserved 
space of twenty rods under the supervision of said 
board for the purpose of removing spruce timber 
from adjoining land, and the reservation of spruce 
timber within such space shall be deemed a reser- 
vation by the owner, his assignee or representative 
of the right to cut other timber necessary in con- 
structing such road, but such reservation does not 
confer a right to remove such other timber so 
cut, or to use it otherwise than in constructing a 
road. 



The Forest, Fish and Game Law. o5 

2. The timber reserved must be removed from 
the land within ten years after the service of no- 
tice of reservation or the making of an agreement 
subject to the regulations to be prescribed by said 
board; but such land shall not be cut over more 
than once, and said board may prescribe regulations 
for the purpose of enforcing this limitation. All 
timber reserved and not removed from the land 
within such time shall thereupon become and be 
the property of the state, and all the title or claim 
thereto by the original owner, his assigns or rep- 
resentatives, shall thereupon be deemed abandoned. 

§ 52. Under reservation of timber, no damages 
for land taken. — A person who reserves timber 
as herein provided is not entitled to any compen- 
sation for the value of his land purchased or taken 
and appropriated by the state, or for any damages 
caused thereby, until : 

1. The timber so reserved is all removed and the 
object of the reservation fully consummated; or 

2. The time limited for the removal of such 
timber has fully lapsed, or the right to remove any 
more timber is waived by a written instrument filed 
with said board; and 

3. Said board is satisfied that no trespass on 
state lands has been committed by such owner or 
his assigns or representatives ; that no timber or 
other property of the state not so reserved has 
been taken, removed, destroyed or injured by him 
or them, and that a cause of action in behalf of the 
state does not exist against him or them for any 
alleged trespass or other injury to the property 
or interests of the state; and 



36 The Forest, Fish and Game Law. 

4. That the owner, his assignee or other repre- 
sentative has fully complied with all rules, regula- 
tions and requirements of said board concerning 
the use of streams or other property of the state 
for the purpose of removing such timber. Pro- 
vided, however, that said board may at any time 
by its certificate filed with the comptroller direct 
the payment to the owner of such land, his legal 
representatives or assigns, of the compensation 
therefor, or a part thereof, at such time, and upon 
such conditions as may be set forth in the cer- 
tificate. 

§ 53. Warrants. — A warrant shall not be drawn 
by the comptroller for the amount of compensation 
agreed upon between the owner and said board, 
nor for the amount of a judgment rendered by 
the court of claims, until a further certificate by 
the board is filed with him to the effect that the 
owner has not reserved any timber or that he, his 
assignee or other representative has complied with 
the provisions of this article, or has otherwise be- 
come entitled to receive the amount of the pur- 
chase price, award or judgment. 

§ 54. Adjustment of claims for trespass or 
other injuries. — Said board may settle and ad- 
just any claims for damages due to the state on 
account of any trepasses or other injuries to prop- 
erty or interests of the state, or penalties incurred 
by reason of such trespasses or otherwise, and the 
amount of such damages or penalties so adjusted 
shall be deducted from the original compensation 
agreed to be paid for the land, or for damages, 
or from a judgment rendered by the court of 



The Forest, Fish and Game Law. 37 

claims on account of the appropriation of such 
land. A judgment recovered by the state for such 
a trespass or for a penalty shall likewise be de- 
ducted from the amount of such compensation or 
judgment. 

§ 55. Interest. — If timber is reserved upon 
land purchased or appropriated as provided by this 
article, interest is not payable upon the purchase 
price or the compensation which may be awarded 
for the value of such land or for damages caused 
by such appropriation, except as provided in sec- 
tion forty-nine. 

§ 56. Regulations as to cutting timber. — Per- 
sons entitled to cut and remove timber under this 
article may use streams or other waters belonging 
to the state within the forest preserve for the 
purpose of removing such timber, under such regu- 
lations and conditions as may be prescribed or im- 
posed by said board. The persons using such 
waters shall be liable for all damages caused by 
such use. Every person who shall, within the 
forest preserve counties of the state, cut or cause 
to be cut, or allow to be cut any coniferous trees 
for sale or other purposes, shall cut off or lop or 
cause to be cut off or lopped from the said trees, aV 
the time of cutting the said trees, all the limbs 01 
branches thereof, unless the said trees be cut for sale 
and use with the branches thereon, or for use witl/ 
the branches thereon. Any person violating the pro- 
visions of this section shall be guilty of a misde- 
meanor and shall, upon conviction, be fined not 
more than twenty-five dollars or shall be imprisoned, 
for not more than thirty days, or W*h. for eacl) 



38 The Forest, Fish and Game Law. 

offense, and in addition thereto shall be liable to a 
penalty of two dollars for each and every coniferous 
tree felled from which he shall neglect to cut or 
lop off the branches. {As am'd by chap. 474, Laws 
of 1909.) 
j 

§ 57. Value of reserved timber. — If timber be 
reserved, its value at the time of making an 
agreement between the owner and said board for 
the value of the land so appropriated and the 
damages caused thereby, or at the time of the 
presentation to the court of claims of a claim for 
such value and damages, shall be taken into con- 
sideration in determining the compensation to be 
awarded to the owner on account of such appro- 
priation either by such agreement or by the judg- 
ment rendered upon such a claim. 

§ 58. Appraisers. — Said board may appoint ap- 
praisers to examine the lands offered for sale to 
the state and ascertain the value of such lands and 
the timber thereon, and report to the board. 

§ 59. Compensation of employees. — Said board 
shall fix the compensation of all clerks, appraisers 
or their assistants employed by it, which compen- 
sation shall be paid by the treasurer, upon the 
certificate of the board and the audit and warrant 
of the comptroller. A person so appointed may 
be removed at the pleasure of the board. 

§ 60. Title to lands.— Said board shall take 
such measures as may be necessary or proper to 
perfect the title to any lands in the forest preserve 
now held by the state, and for that purpose may 



The Forest, Fish and Game Law. 39 

pay and discharge any valid lien or incumbrance 
upon such land, or may acquire any outstanding or 
apparent right, title, claim or interest which, in its 
judgment, constitutes a cloud on such title. The 
amounts necessary for the purposes of this section 
shall be paid by the treasurer upon the certificate 
of the board and the audit and warrant of the 
comptroller together with the expenses of such 
examination. 

§ 61. Costs and disbursements. — If an offer is 
made by said board for the value of land appro- 
priated, or for damages caused by such appropria- 
tion, and such offer is not accepted, and the re- 
covery in the court of claims exceeds the offer, 
the claimant is entitled to costs and disbursements 
as in an action in the supreme court, which shall 
be allowed and taxed by the court of claims and 
included in its judgment. If in such a case the 
recovery in the court of claims does not exceed the 
offer, costs and disbursements to be taxed shall be 
awarded in favor of the state against the claimant 
and deducted from the amount awarded to him, or 
if no amount is awarded judgment shall be entered 
in favor of the state against the claimant for such 
costs and disbursements. If an offer is not ac- 
cepted, it can not be given in evidence on the trial. 

§ 62. Judgments. — When a judgment for dam- 
ages is rendered for the appropriation of any lands 
or waters for the purposes specified in this article, 
and it appears that there is any lien or incumbrance 
upon the property so appropriated, the amount of 
such lien shall be stated in the judgment, and the 
comptroller may deposit the amount awarded to 



40 The Forest, Fish and Game Law. 

the claimant in any bank in which moneys belong- 
ing to the state may be deposited, to the account 
of such judgment, to be paid and distributed to the 
persons entitled to the same as directed by the 
judgment. 

§ 64. Service of notice. — Service of a notice by 
said board under section forty-seven must be per- 
sonal if the person to be served can be found in 
the state. The provisions of the code of civil pro- 
cedure relating to the service of a summons in an 
action in the supreme court, except as to publica- 
tion, apply, so far as practicable, to the service of 
such a notice. If a person to be served can not 
with due diligence be found in the state, a justice 
of the supreme court may, by order, direct the 
manner of such service, and service shall be made 
accordingly. 

§ 65. Court of claims to examine property. — 
The court of claims, if requested by the claimant 
or the attorney-general, shall examine the real prop- 
erty affected by the claim of damages for the ap- 
propriation thereof and take the testimony in rela- 
tion thereto in the county where such property or 
a part thereof is situated. The actual and necessary 
expenses of each judge and of each officer of the 
court in making such examination and in so taking 
testimony shall be audited by the comptroller and 
paid from the money appropriated for the purposes 
of this article. 

§ 66. Limitations on taking real property.— 
The power to appropriate real property, vested in 
said board by section forty-seven, is subject to the 



The Forest, Fish and Game Law. 41 

following limitations : Such real property must ad- 
join land already owned or appropriated by the 
state at the time the description and certificate are 
filed in the office of the secretary of state, except 
that timber land not so adjoining state land may be 
appropriated whenever in the judgment of the board 
timber thereon other than spruce, pine or hemlock 
is being cut or removed to the detriment of the 
forest, or the interests of the state. 

§ 67. Auditor of fire accounts and fire inspec- 
tors. — The commissioner may appoint an auditor 
of fire bills and accounts, who shall receive an an- 
nual salary of eighteen hundred dollars a year and 
his necessary traveling expenses, and who shall audit 
fire bills when reported to the commissioner, as 
hereinafter provided, and perform such other acts 
as the commissioner may from time to time direct. 
The person now chief fire warden is hereby trans- 
ferred to the position of auditor of fire accounts. 
The commissioner may also appoint fire inspectors, 
at least four of whom may, during seasons of the 
year when forest fires occur, serve along lines of 
steam railroads in the forest preserve counties of 
the Adirondacks. They shall inspect such railroads 
and the engines thereon, reporting to the commis- 
sioner, the condition thereof for the purposes of 
fire prevention, and perform such other duties in 
preventing forest fires and protecting the forest and 
reforestation as the superintendent of forests or the 
commissioner shall direct. They shall also have the 
powers of game protectors, and shall each receive an 
annual salary of nine hundred dollars and an allow- 
ance for expenses not exceeding five hundred dollars. 
(As am'd by chap. 474, Laws cf 1909.) 



42 The Forest, Fish and Game Law. 

§ 68. Fire patrol by railroads. — All railroads 
operated through forests in the forest preserve coun- 
ties of the state shall at their own expense organize 
and maintain a competent and efficient fire patrol 
to protect the forests from fires which may be set 
or occur by sparks or coals from railroad engines 
upon or adjacent to the rights of way or lands of 
such railroads, and unless otherwise directed by the 
commissioner such patrol shall be maintained con- 
tinuously from April first to November first of each 
year. If such railroads do not organize and main- 
tain such fire patrols, or if in the judgment of the 
commissioner they do not organize and maintain 
fire patrols which are adequate and sufficient to pro- 
tect and save the forests from fires which may be 
set or occur upon or adjacent to rights of way 
or lands of such railroads, then the commissioner 
shall organize and maintain such fire patrol in such 
manner and under such rules and regulations as he 
shall from time to time deem proper. Game pro- 
tectors may, so far as public interest will permit, be 
detailed by the commissioner to act as such patrols. 
The persons placed upon patrol of railroad lines 
and lands and railroad rights of way, and lands 
and ways adjacent thereto, as herein provided, shall 
be transported without charge from point to point, 
as their duties shall require, by the railroads along 
whose lines such fire patrol is being maintained. 
The commissioner shall keep, or cause to be kept, 
an account of the cost of organizing and maintain- 
ing such fire patrol along the line of any such rail- 
road, including therein the salaries, expenses and 
wages of public officers or employees engaged in 
organizing and maintaining such fire patrol, and 
the total cost thereof shall be paid to the commis- 






The Forest, Fish and Game Law. 43 

sioner by the railroad along whose line or lands 
or rights of way such patrol is maintained; such pay- 
ment to be made on the first day of December of 
each year. Any person employed upon fire patrol 
of such railroads shall immediately report to the 
commissioner, upon blanks to be furnished by him, 
every fire started upon the line of the railroad or 
ways or lands adjacent thereto, within his line of 
patrol, which runs off the railroad's right of way 
or lands to other lands, setting forth the origin 
of such fire and the quantity and quality of the 
land burned over, and if the fire was started by a 
locomotive he shall give the number thereof. Such 
report shall be verified by the person making it and 
if he be unable to state or ascertain the origin of 
such fire he shall in his report make oath of such 
fact. Any person so employed who fails to make 
such report immediately shall be liable to a penalty 
of twenty-five dollars, and if he make a false report 
he shall be guilty of a' felony and be punishable 
therefor. {As am'd by chap. 474, Laws of 1909.) 

§ 69. Fire districts and fire patrols. — For the 

prevention and fighting of forest fires, the commis- 
sioner shall, from time to time, make and enforce 
such rules and regulations as may be necessary and 
proper for the government and direction of the fire 
patrol system provided for in this act. Within sixty 
days after this act shall take effect the commissioner 
shall divide lands which are in the forest preserve 
counties of the state into suitable and convenient fire 
districts not exceeding five in number; he may im- 
mediately thereafter, for each such fire district, ap- 
point a superintendent of fires who shall act during 
the pleasure of the commissioner at an annual salary 



44 The Forest, Fish and Game Law. 

of fifteen hundred dollars and necessary traveling 
expenses. The commissioner may from time to time 
transfer such superintendents from one fire district 
to another. In every town the supervisor shall be a 
member of the fire patrol by virtue of his office, and 
shall at all times co-operate with and carry out the 
directions, rules and regulations of the commis- 
sioner in preventing and fighting forest 'fires. If 
the supervisor be absent when the fire occurs the 
commissioner or any superintendent of fires may call 
upon and compel any member of the town board of 
the supervisor's town to act in place of and for 
such absent supervisor. The commissioner may for- 
mulate and enforce rules and regulations for the 
organization and maintenance of local fire companies 
to prevent and fight forest fires in the forest pre- 
serve counties of the state, and he may engage such 
men for that purpose as may be necessary. He 
shall, when necessary, provide all proper fire-preven- 
tion and fire-fighting apparatus and establish obser- 
vation stations and employ men to attend them. He 
shall also, when necessary, provide fire signals and 
adopt a fire signal code for use therewith, and pro- 
vide such other means of communication as shall 
be necessary in the public interest to prevent and 
fight forest fires. He may cause trails to be cut, 
ditches to be dug and barriers to be erected in the 
forest of such forest preserve counties as may, in 
hi? judgment, be necessary to enable all persons 
quickly to reach the location of fires and to pre- 
vent and fight the fires. (As am'd by chap. 474, Laws 
of 1009 and chap. 657, Lazvs of 1910.) 

§ 70. Duties of superintendents of fire. — Un- 
der the directions of the commissioner the superin- 



The Forest, Fish and Game Law. 45 

tendents of fire are charged with preventing and ex- 
tinguishing forest fires in their respective fire dis- 
tricts and the performance of such other acts as 
may be required by the commissioner. With the 
approval of the commissioner each superintendent 
of fire shall divide his fire district into separate fire 
patrol districts and subdivide them from time to time 
as the public interest requires. During seasons of 
drought, or during other times when forest fires 
are liable to be set or spread, or at any time when 
fires threaten the forests, the superintendent for 
each fire district, upon obtaining the approval of 
the commissioner therefor, shall employ a suitable 
person to be known as a fire patrolman permanently 
to remain upon and patrol one or more of such fire 
patrol districts as long as may be required, and to 
prevent and extinguish any fires which may be 
started thereon. Each such fire patrolman so em- 
ployed shall be supplied with necessary tents or 
camps, fire-fighting implements, food and cooking 
utensils. All fire patrolmen so employed shall be 
furnished with a copy of the rules and regulations 
adopted by the commissioner for preventing and 
fighting forest fires, and shall at all times strictly 
observe and comply with these rules and regula- 
tions. When forest fires are actually burning or 
threatening to burn, the commissioner, and in and 
during his absence, the superintendents of fires may 
employ a foreman to direct the work of each crew 
of men who are actually engaged in fighting forest 
fires. The commissioner and the superintendents of 
fires, and if they are absent and fires are actually 
burning in the forest, the fire patrolmen and super- 
visors may hire horses and incur other necessary 
expenses and summon any male person of the age 



46 The Forest, Fish and Game Law. 

of eighteen years and upwards to assist in stopping 
and putting out fires. Any person summoned who 
is physically able and refuses to assist, shall be 
liable to a penalty of twenty dollars. An action for 
trespass shall not lie against persons crossing or 
working upon lands of another to prevent or fight 
fires. The superintendents of fires and fire patrol- 
men are hereby vested with all the powers of game 
protectors as defined by section fourteen, article two, 
part one hereof, and game protectors may be ap- 
pointed as superintendents of fire or fire patrolmen. 
Each fire patrolman shall make a report to the 
superintendent of fires of the district in which he is 
employed, of every fire which is started or burns 
upon his fire patrol district, stating the cause or 
source of such fire, the amount and quality of the 
land burned over and the means used for fighting the 
fire. The superintendents of fires shall transmit all 
such reports to the commissioner, and shall also re- 
port all other fires of which they have personal 
.knowledge, giving the particulars thereof as is re- 
quired from the fire patrolmen. All men employed 
under the provisions of sections sixty-eight, sixty- 
nine and seventy of this article shall as emergency 
employees be exempt from the provisions of + he 
civil service laws of this state. (As am'd by chap. 
474, Laws of 1909.) 

§ 71. Compensation of fire patrolmen and 
others employed at fires. — Fire patrolmen shall 
be paid for the time they are actually employed 
on patrol duty at a compensation fixed by the com- 
missioner, which shall not exceed the rate of 
seventy-five dollars per month for the number of 
days while actually employed. If a patrolman fails 



The Forest, Fish and Game Law. 47 

to remain continuously upon and patrol the fire 
patrol district allotted to him or is negligent in 
performing his duties upon such patrol the com- 
missioner may as a penalty therefor reduce the 
compensation of the patrolman by one-half. All 
costs and expenses incurred by the commissioner 
and his appointees, including patrolmen, and au- 
thorized by the foregoing sections numbered sixty- 
nine and seventy, shall be and are hereby made a 
state charge, and shall be paid by the state on the 
approval of the commissioner, except the wages 
and expenses and keeping of supervisors and men 
summoned or employed to fight forest fires actually 
burning which shall be paid as hereinafter pro- 
vided. The wages and expenses and keeping of 
supervisors and men summoned or employed to 
fight forest fires actually burning shall be fixed and 
paid for by the commissioner, and the labor 
reckoned and paid for by the hours of labor per- 
formed, which shall not exceed the rate of fifteen 
cents for each hour employed. The commissioner 
shall keep, or cause to be kept, an accurate account 
of the wages of men so employed and the expenses, 
and the keeping of the men and pay the same; one- 
half the expense thereof shall be a charge upon and 
shall be paid by the state, and one-half thereof a 
charge upon and shall be paid by the town in which 
the men so employed were actually engaged in 
fighting fires. On or before November tenth of 
each year the commissioner shall transmit to the 
county clerk of each of the forest preserve counties 
in which a forest fire has occurred during the cur- 
rent year a summary statement of the amount due 
the state on account of such fires from any town 
or towns in said county. The county clerk shall 



48 The Forest, Fish and Game Law. 

immediately deliver such statement to the board 
of supervisors of said county who shall thereupon 
levy the amount due from each such town to the 
state upon the taxable property of such town by 
including the amount thereof in the sums to be 
raised and collected in the next levy and assess- 
ment of taxes therein, and shall be collected as 
other town charges are collected and by the towns 
paid over to the commissioner on or before May 
first following the levy thereof. If any person 
incurs expense in preventing or fighting forest 
fires, the commissioner may upon satisfactory proof 
thereof being made to him audit and pay the whole 
or any part thereof as the public interest requires 
and half to be rebated by the town as hereinafter 
provided. (As am'd by chap. 474, Laws of 1909.) 

§ 72. Railroads in forest lands. — Every rail- 
road company shall, on such part of its road as 
passes through forest lands or lands subject to fires 
from any cause, cut and remove from its right of 
way along such lands, at least twice a year, all 
grass, brush or other inflammable materials. Where 
the railroad runs through forest lands in counties 
containing part of the forest preserve, it shall so 
cut and remove the same from its right of way 
whenever required by the commissioner; employ in 
seasons of drought and before vegetation has re- 
vived in the spring, sufficient trackmen to promptly 
put out fires on its right of way; provide locomo- 
tives thereon with netting of steel or iron wire so 
constructed as to give the best practicable protec- 
tion against the escape of fire and sparks from the 
smoke stacks thereof and adequate devices to pre- 
vent the escape of fire from ash pans and furnaces 



The Forest, Fish and Game Law. 49 

which shall be used on such locomotives. The 
public service commission must upon the request 
of the forest, fish and game commissioner, and on 
notice to the person or companies affected, require 
any person, railroad or other company having a 
railroad running through forest lands in counties 
containing parts of the forest preserve, to adopt 
such devices and precautions against setting fire 
upon its line in such forest lands as the public 
interest requires. No railroad company or em- 
ployee thereof shall deposit fire coals or ashes on 
its track or right of way near such lands. In case 
of fire on its own or neighboring lands, the rail- 
road company shall use all practicable means to 
put it out. Engineers, conductors or trainmen 
discovering or knowing of fires in fences or other 
material along or near the right of way of the 
railroad in such lands, shall report the same at the 
first station to the station agent, and such station 
agent shall forthwith notify the nearest fire warden 
or game protector thereof, and use all necessary 
means to extinguish the same. Any person, rail- 
road or other company failing or neglecting to 
comply with any of the provisions of this section, 
or any order of the public service commission made 
pursuant to the provisions of this section, shall be 
liable to a penalty of one hundred dollars for each 
day that it continues a violation thereof, and any 
officer or employee of a railroad or other company 
violating any provisions of this section or neglect- 
ing to comply with any requirement of the public 
service commission duly ordered; shall be liable to 
a penalty of one hundred dollars for every such 
violation. The supreme court may on notice to the 



50 The Forest, Fish and Game Law. 

persons or corporations affected enforce compliance 
with any such order of the public service com- 
mission. (As am'd by chap. 476, Laws of 1910.) 

§ 73. Fires to clear land. — Fallows, stumps, 
logs, brush, dry grass or fallen timber shall not be 
burned in the territory hereinafter described from 
April twenty-first to May thirty-first, both in- 
clusive, or from September sixteenth to Novem- 
ber tenth, both inclusive. From June first to 
September fifteenth, both inclusive, such fires 
may be set therein if written permission of the 
superintendents, fire patrol or supervisor of the 
town or district in which the fire is set has 
been first obtained. If in a locality near forest 
or woodland, the superintendents, fire patrol or 
supervisor shall be personally present when 
the fire is started. Such fires shall not be 
started during a heavy wind or without sufficient 
help present to control the same, and the same 
shall be watched by the person setting the fire until 
put out. Any person violating any provisions of 
this section is guilty of a misdemeanor, and in 
addition thereto is liable to a penalty of not less 
than fifty dollars nor more than three hundred 
dollars. This section applies to Hamilton county; 
to the towns of Altona, Au Sable, Black Brook, 
Dannemora, Ellenburg and Saranac, Clinton 
county; to the towns of Andes, Colchester, Han- 
cock and Middletown, Delaware county; the towns 
of Chesterfield, Elizabethtown, Jay, Keene, Lewis, 
Minerva, Moriah, Newcomb, North Elba, North 
Hudson, Saint Armand, Schroon and Wilmington, 
Essex county; the towns of Altamont, Belmont, 



The Forest, Fish and Game Law. 51 

Brighton, Duane, Franklin, Harrietstown, Santa 
Clara and Waverly, Franklin county; the towns of 
Bleecker, Caroga, Mayfield and Stratford, Fulton 
county; the towns of Hunter, Jewett, Lexington 
and Windham, Greene county ; the towns of Ohio, 
Russia, Salisbury, Webb and Wilmurt, Herkimer 
county; the towns of Croghan, Diana, Greig, 
Lyonsdale and Watson, Lewis county; the towns 
of Forestport and Remsen, Oneida county; the 
towns of Corinth, Day, Edinburg and Hadley, 
Saratoga county; the towns of Clare, Clifton, Col- 
ton, Fine, Parishville, Piercefield, Pitcairn, Saint 
Lawrence county; the towns of Neversink and 
Rockland, Sullivan county; the towns of Denning, 
Hardenburg, Olive, Rochester, Shandaken, Shawan- 
gunk, Wawarsing and Woodstock, Ulster county; 
the towns of Bolton, Caldwell, Chester, Hague, 
Horicon, Johnsburgh, Luzerne, Stony Creek, Thur- 
man and Warrensburg, Warren county; the towns 
of Dresden, Fort Ann and Putnam, Washington 
county. (As am'd by chap. 474, Laws of 1909 and 
chap. 657, Lazus of 1910.) 

§ 74. Forest fires prohibited. — Any person who 
sets fire to waste or forest lands in the forest pre- 
serve counties of the state, except as provided by 
section seventy-three, or who negligently suffers a 
fire to extend from his own lands to any other 
lands, is punishable, on conviction, under section 
fourteen hundred and twenty-one or section nine- 
teen hundred of the penal law as the case may be. 
Such person shall also be liable to the state for 
damages caused by such wrongful act and to a 
penalty of ten dollars for each and every tree so 



52 The Forest, Fish and Game Law. 

killed or destroyed, which penalty may be re- 
covered in the action to recover damages or in a 
separate action and shall also be liable to any mu- 
nicipality, corporation, or person for any damages 
caused by such wrongful act, and the person 
so injured may at his option sue for and recover 
damages, or damages at the rate of one dollar for 
each tree killed. Damages to state lands shall be 
ascertained and determined by the value of the 
timber thereon, taken at the value the said timber 
would have if the said lands were owned by pri- 
vate individuals. The fact that any fire started on 
or extended over from lands or rights of way 
owned or leased or used by any railroad company 
or Dy any other person using, manufacturing or 
producing any coal, wood, oil or other fuel or any 
inflammable material thereon for other than do- 
mestic purposes, shall be prima facie evidence that 
the said fire was set or started thereon or suffered 
to extend therefrom by the wilful negligence of the 
said person. If state lands in the forest preserve 
be damaged as aforesaid, an action to recover the 
damages and penalties as aforesaid shall be main- 
tained in the name of the people, on the order of the 
commissioner by counsel designated by him, and 
recovery shall be had therefor. Any moneys neces- 
sarily expended by the state, municipality, or other 
person, in fighting fires upon waste or forest lands 
in the forest preserve counties of the state may be 
sued for by the state, municipality, or person ex- 
pending the moneys and recovered from the person 
causing the fires as single damages in addition to 
the damage or damages at the rate of one dollar 
and in addition to the penalty or penalties of ten 



The Forest, Fish and Game Law. 53 

dollars for each tree killed, provided for as afore- 
said. {As am'd by chap. 474, 'Laws of 1909 and 
chap. 657, Laws of 1910.) 

§ 75. Proceeds of actions for forest fires. — 
Moneys received in the name of the people for 
violations of sections thirty-three, seventy-two, 
seventy-three and seventy-four of this chapter shall 
be paid to the commissioner, who shall apply so 
much thereof as may be necessary to the payment 
of the expenses of collections and shall pay one- 
half of the balance, not exceeding in any one case 
fifty dollars, to the special game protector, fire war- 
den or district fire warden upon whose information 
the action was brought. The balance of such re- 
ceipt shall be available for enforcing the various 
provisions of law for the protection of forests 
against fire. 

§ 75-a. Whenever by reason of drought or 
other cause, it shall be dangerous to the forests of 
the state, or for other reason contrary to the pub- 
lic interest, for any person or persons to enter 
any portion of the lands within the forest preserve 
counties of the state for the purpose of camping 
out or of taking fish, fowl, birds or quadrupeds 
therein, or for any person or persons being already 
within the forest preserve counties of the state to 
take fish, fowl, birds or quadrupeds therein, the 
governor shall have authority to determine, and 
shall determine and declare, that it is dangerous 
to the forests of the state or contrary to the public 
interest for any person or persons to enter any 
portion of the lands within the forest preserve 
counties of the state for the purpose of camping 



54 The Forest, Fish and Game Law. 

out or of taking fish, fowl, birds or quadrupeds 
therein, or for any person or persons being already 
within the forest preserve counties of the state to 
take fish, fowl, birds or quadrupeds therein, and 
upon such determination and declaration, the gov- 
ernor shall have authority to forbid, and shall for- 
bid by proclamation, any person or persons from en- 
tering the said lands for such purposes, and any 
person or persons being already therein from tak- 
ing fish, fowl, birds or quadrupeds therein. But 
the governor must state in such proclamation the 
reason or reasons why he has so determined that 
such acts would be dangerous to the forests or 
contrary to the public interest, and he must, in 
such proclamation, limit . the time during which 
such entry and such acts shall be prohibited. And 
the governor shall have the right to extend the 
time for taking fowl or birds or quadrupeds to a 
time equivalent to the time during which the said 
entry and acts were forbidden. The governor must 
also, in such proclamation, order that it be pub- 
lished, and direct the manner in which it shall be 
published, so as to. give wide notice of its contents. 
Any person or persons violating the provisions of 
such proclamation shall be guilty of a misdemeanor 
and shall, upon conviction, be subject to a fine of 
one hundred dollars or shall be imprisoned for not 
more than thirty days, or both, for each offense, in 
addition to the penalties hereinbefore provided for 
taking fish, fowl, birds or quadrupeds in the closed 
season. The said proclamation shall be published 
by the commissioner in such manner as shall be 
ordered and directed by the governor. {Added by 
chap. 474, Laws of 1909-) 



The Forest, Fish and Game Law. 55 

§ 75-b. Statistics of forest products. — The 
superintendent of forests shall annually report to 
the commission the amount of the lumber manu- 
factured and wood used for commercial purposes 
from timber grown in the state. It shall be the 
duty of all consumers of round timber or wood 
for paper, pulp or mechanical purposes to furnish 
information to the commission annually when 
called upon to do so, in relation to the extent of 
their use of timber and wood on blanks to be fur- 
nished by the commissioner. Any such consumer 
who neglects or refuses to furnish such informa- 
tion within ten days after request by the superin- 
tendent of forests so to do shall be liable to a 
penalty of one hundred dollars, to be collected and 
used in the same manner as other penalties im- 
posed by this act. (Added by chap. 474, Laws of 
1909.) 

ARTICLE VI. 
Quadrupeds. 
Section 76. Deer ; open season. 

77. Possession of deer or venison. 

78. Transportation. 

79. Hounding; dogs to be killed. 

80. Wild moose, elk, caribou and antelope. 

81. Black and gray squirrels. 

82. Hares and rabbits. 

83. Beaver; close season. 

84. Mink, skunk, muskrat and sable. 

85. Land turtles. 

86. Penalties. 

§ 76. Deer; open season. — The open season 
for all deer shall be from September sixteenth to 
October thirty-first, both inclusive, in wholly in- 



56 The Forest, Fish and Game Law. 

closed deer parks and in the counties of Clinton, 
Dutchess, Essex, Franklin, Fulton, Hamilton, Her- 
kimer, Jefferson, Lewis, Oneida. Saratoga, Saint 
Lawrence, Warren and Washington, except in all 
that portion of Oneida, Lewis and Jefferson coun- 
ties lying westerly of the Utica and Black River 
railroad from Utica to Ogdensburg where there 
shall be no open season. The open season for deer 
in Ulster county and the towns of Cochecton, Tus- 
ten, Highland, Lumberland, Forestburg and Bethel 
and in all that section of the towns of Mamakating 
and Thompson lying south of the Newburgh 
and Cohocton turnpike in Sullivan county and 
the town of Deer Park in Orange county shall be 
from October sixteenth to October thirty-first, both 
inclusive. Deer shall not be taken at any other time 
or possessed except as provided by sections seventy- 
seven and seventy-eight. There shall be no open 
season for deer elsewhere in the state, except on 
Long Island as hereinafter provided. No person 
shall take more than two deer in an open season. 
No person shall take any wild deer between sun- 
set and sunrise. No wild deer shall be taken while 
in water. Deer may be taken alive at any time 
by the commission to restock the state's deer parks 
or to exchange for elk or moose. Fawns in the 
spotted or red coat shall not be taken nor shall 
any part thereof be possessed at any time. No 
traps, saltlick or other device to entrap or entice 
deer shall be made, set or used, nor shall deer be 
taken by aid or use thereof. No jack light or other 
artificial light shall be used in taking deer. (As 
am'd by chap. 474, Lazvs of 1909 and chap. 657, 
Laws of 1910.) 



The Forest Fish and Game Lew. 57 

§ 77. Possession of deer or venison. — Deer or 
venison may be possessed or sold from Septem- 
ber sixteenth to November fifth, both inclusive. 
Possession of deer or venison from midnight of 
October thirty-first to midnight of November fifth 
shall be presumptive evidence that the same was 
unlawfully taken by the possessor. (As am'd by 
chap. 474, Laws of 1009 and chap. 657, Laws of 
1910.) 

§ 78. Transportation. — Deer or venison killed 
in this state shall not be transported from or 
through any county, or possessed for that purpose, 
except as follows : One carcass or a part thereof 
at one time may be transported from the county 
where killed when accompanied by the owner. No 
person shall transport or accompany more than two 
deer in any year tinder this section. Deer or ven- 
ison killed in this state may be ^accompanied by a 
common carrier for transportation from September 
sixteenth to November first, both inclusive, but if 
possession is obtained for transportation after Sep- 
tember fifteenth and before midnight of November 
first, it may, when accompanied by the owner law- 
fully remain in the possession of such common car- 
rier the additional time necessary to deliver the same 
to its destination. Possession of deer or venison 
by a common carrier, or by any person in its 
employ while engaged in the business of such 
common carrier, unaccompanied by the owner 
shall constitute a violation of this section by 
such common carrier. This section does not ap- 
ply to the head, feet or skin of deer legally taken 
if carried separately, nor shall it apply to domesti- 

*So in original. 



58 The Forest, Fish and Game Lazv. 

cated deer propagated in wholly inclosed deer parks, 
when shipments made from such parks are accom- 
panied by a permit issued by the forest, fish and 
game commission under conditions prescribed by the 
commissioner. (As am'd by chap. 474, Laws of 
1909 and chap. 657, Laws of 1910.) 

§ 79. Hounding; dogs to be killed. — Deer shall 
not be hunted, pursued or killed with any dog or 
bitch. Dogs shall not be permitted by the owner 
or persons harboring the same to run at large in or 
to be taken into forests inhabited by deer or kept 
or possessed in the Adirondack park. If any dog 
or bitch be in the forest preserve or found hunting, 
pursuing or killing deer or running at large in 
forests inhabited by deer, it shall be presumptive 
evidence of a violation of this section by the per- 
son owning, using, having or harboring such dog or 
bitch. Any person may, and it shall be the duty of 
every game protector to kill any dog or bitch found 
in the Adirondack park or in a deer forest, or pur- 
suing deer and no action for damages shall be main- 
tained against a person for such killing. No dog 
or bitch shall be taken into or harbored in any hunt- 
ing or lumber camp within the -forest preserve. 

§ 80. Wild moose, elk, caribou and antelope. — 

There shall be no open season for wild moose, elk, 
caribou or antelope, but they may be brought into 
the state for breeding purposes. The flesh or any 
portion of any such animal shall not be possessed, 
sold or transported at any time unless the animal 
was killed without the state or by the owner thereof 
in a private park within the state during the open 
season for deer. Possession thereof during such 



The Forest, Fish and Game Law. 59 

open season shall be presumptive evidence that it 
was unlawfully taken by the possessor. The forest, 
fish and game commission may acquire by gift, pur- 
chase or capture, a sufficient number of wild moose 
and elk to stock the Adirondack region, and may 
care for, herd and yard the same temporarily, and 
liberate them in such region, at such times and places 
as it deems most conducive to their probable sub- 
sistence and increase. 

§ 81. Black and gray squirrels. — The open 
season for black and gray squirrels shall be from 
October first to November thirtieth, both inclusive. 
They shall not be taken, possessed or sold at any 
other time. In Richmond and Niagara counties 
there shall be no open season for black and gray 
squirrels. (As am'd by chap. 657, Laws of 1910.) 

§ 82. Hares and rabbits. — The open season for 
hares and rabbits shall be from October first to 
February fifteenth, both inclusive, except in Fulton 
county, where the open season shall be from Oc- 
tober first to January fifteenth, both inclusive. 
Hares and rabbits native in this state shall not be 
taken, possessed or sold at any other time. No 
person shall take more than ten hares or rabbits in 
any one day. Nothing in this section shall prevent 
the owner or occupant of inclosed or occupied 
farm lands or their employees from taking hares 
and rabbits on such owner's or occupant's prem- 
ises at any time to prevent their injuring property. 
There shall be no close season for Belgian hares, 
jack rabbits or rabbits bred in captivity. (As am'd 
by chaps. 240 and 474, Laws of 1009 and chap. 657, 
Laws of 1910.) 



60 The Forest, Fish and Game Law. 

§ 83. Beaver; close season. — There shall be no 
open season for beaver. No person shall take, trap, 
01 snare in any manner, any beaver, or have in his 
possession any beaver, so taken, trapped or snared. 
No person shall molest or disturb any wild beaver 
or the dams, houses, homes or abiding places of 
same. The forest, fish and game commission may 
acquire by gift, purchase or capture a sufficient num- 
ber of wild beaver to restock the Adirondack region, 
and may care for the same temporarily and liberate 
them in such region and at such time and places as 
it deems most conducive to their subsistence and 
increase. 

§ 84. Mink, skunk, muskrat and sable. — The 
open season for mink, skunk, martin or sable shall 
be from November first to March fifteenth, both 
inclusive. The open season for muskrat shall be 
from November first to April fifteenth, both in- 
clusive. They shall not be possessed or killed at 
any other time. Muskrat houses shall not be in- 
jured or destroyed at any time. Nothing in this 
section shall prohibit the taking or killing at any 
time of skunks which are injuring property or 
which have become a nuisance. (As am'd by 
chap. 474, Laws of 1909 and chap. 657, Lazvs of 
1910.) 

§ 85. Land turtles. — Taking, killing or expos- 
ing for sale of all land turtles or tortoises, including 
the box turtle and the wood turtle, is hereby pro- 
hibited. 

§ 86. Penalties. — A person who violates any 
provision of this article is guilty of a misdemeanor, 



The Forest, Fish and Game Law. 61 

and in addition thereto, is liable as follows : For 
each violation of section seventy-six to eighty, both 
inclusive, to a penalty of one hundred dollars, and 
for each deer, elk, caribou, antelope, or part of any 
such animal taken or possessed in violation of any 
provision of any of said sections, an additional 
penalty of one hundred dollars ; for each wild moose 
or part of such animal taken or possessed in viola- 
tion of any provision of said sections, an addi- 
tional penalty of two hundred and fifty dollars ; for 
each violation of section eighty-one, to a penalty of 
twenty-five dollars and for each squirrel or part 
thereof taken or possessed in violation of said sec- 
tion, an additional penalty of ten dollars ; for each 
violation of section eighty-two, a penalty of twenty- 
five dollars, and for each rabbit taken or possessed 
in violation of such section, an additional penalty 
of ten dollars ; for each beaver taken in violation of 
section eighty-three to a penalty of one hundred dol- 
lars ; for each violation of section eighty-four, to a 
penalty of twenty-five dollars; and for each viola- 
tion of section eighty-five to a penalty of ten dol- 
lars. A person convicted of a misdemeanor for a 
violation of section eighty of this article shall be 
punished by imprisonment for a term of not less 
than three months nor more than one year. 

ARTICLE VII. 
Birds. 

Section 87. Wild fowl; open season. 

88. Manner of killing. 

89. Quail; open season. 

90. Woodcock; open season. 

91. Grouse ; open season. 



62 The Forest, Fish and Game Laze. 

Section 92. Grouse, woodcock and quail not to be 
bought or sold. 

93. Woodcock, grouse and quail not to be 

possessed. 

94. Woodcock, grouse and quail not to be 

transported. 

95. Plover and other birds; open season. 

96. Mongolian ring-necked and English or 

other pheasants. 

97. Antwerp or homing pigeons. 

98. Certain wild birds protected. 

99. Destroying or robbing nests. 

100. No snares, nets or traps. 

101. Certificate to collect for scientific pur- 

poses. 

102. Taking game in W r estchester county. 

103. Birds and game not to be transported. 

104. Hunting license. 

105. Penalties. 

§ 87. Wild fowl; open season. — Ducks, geese, 
brant and swan may be taken from September 
sixteenth to January tenth, both inclusive, and 
possessed from September sixteenth to January 
fifteenth, both inclusive; they shall not be taken 
in the night after sunset until sunrise ; they shall 
not be taken or possessed at any other time. There 
shall be no open season at any time for wood duck. 
Ducks, geese, brant and swan taken without the 
state may be sold or offered for sale within the 
state between January tenth and March first, pro- 
vided the person who sells or offers the same for 
sale shall have given to the commissioner a bond 
to the people of the state, as hereinafter provided, 
approved by him as to form, amount and suf- 



The Forest, Fish and Game Law. 63 

ficiency of sureties. Such bond shall be condi- 
tioned that such person shall not have in his 
possession or sell between January tenth and 
March first of each year, ducks, geese, brant and 
swan taken within this state, and shall contain such 
other provisions as to inspection of ducks, geese, 
brant and swan possessed by him, evidence that 
the same were taken without the state, by way of 
bill of sale, way bill or otherwise, and generally 
such requirements as the commissioner may deem 
necessary to secure the enforcement of this sec- 
tion. Ducks, geese, brant and swan taken without 
the state shall not be possessed or sold under the 
provisions of this section unless the person who 
possesses, . sells or offers for sale ducks, geese, 
brant and swan taken without the state shall have 
given to the commissioner the bond as hereinbefore 
provided. Possession of ducks, geese, brant and 
swan by any person shall be presumptive evidence 
that they were taken in this state, provided that 
such presumption shall not attach to the possession 
between January tenth and March first of ducks, 
geese, brant and swan by any person who shall 
have given to the commissioner the bond, as here- 
inbefore provided, so long as the same shall remain 
in force; nor shall such presumption attach to 
possession of ducks, geese, brant and swan by any 
person purchasing the same for consumption from 
a person whose bond is in force as aforesaid. But 
no presumption that ducks, geese, brant or swan 
are possessed free from the presumption that they 
were taken in this state, as herein provided, shall 
arise in any action or legal proceeding until it 
affirmatively appears that the provisions of this 



64 The Forest, Fish and Game Lazv. 

section have been complied with. Any person 
violating the provisions of such bond shall be de- 
nied the privilege of giving another bond under 
this section. (As am'd by chap. 657, Laws of 
1910.) 

§ 88. Manner of killing. — Ducks, geese, brant 
and swan shall not be taken except with a gun fired 
at arm's length without rest. They shall not be 
pursued by nor fired at from any sailboat or 
powerboat, nor from any boughhouse or float- 
ing device used to conceal the hunter if more than 
fifty feet from shore, or a natural growth of flags. 
Fowl taken in violation of law shall not be 
brought ashore, sold or possessed. (As am'd by 
chap. 474, Laws of 1909 and chap. 6S7, Laws of 
1910.) 

§ 89. Quail; open season. — The open season 
for quail shall be from November first to November 
thirtieth, both inclusive ; they shall not be taken or 
possessed at any other time, except as provided by 
sections ninety-two and ninety-three of this chap- 
ter. No person shall take more than thirty-six quail 
in an open season, nor more than six in one diy. 
There shall be no open season for quail in Dutchess, 
Westchester, Putnam and Rockland counties until 
nineteen hundred and ten. 

§ 90. Woodcock; open season. — Woodcock may 
be taken from October first to November thirtieth, 
both inclusive; they shall not be taken or possessed 
at any other time except as provided by sections 
ninety-two and ninety-three of this chapter; no per- 
son shall take more than thirty-six woodcock in an 
open season, nor more than six in one day. 



The Forest, Fish and Game Law. 65 

§ 91. Grouse; open season. — The open season 
for grouse shall be from October first to November 
thirtieth, both inclusive; they shall not be taken or 
possessed at any other time except as provided by 
section ninety-two of this chapter. No person shall 
take more than twenty grouse in an open season, noi 
more than four in one day. There shall be no open 
season for grouse in the counties of Putnam, Rock- 
land, and Westchester until nineteen hundred and 
ten. There shall be no open season for Hungarian 
or European grey legged partridge. (As am'd by 
chap. 474, Laws of 1909.) 

§ 92. Grouse, woodcock and quail not to be 
bought or sold. — Grouse, woodcock and quail 
taken in this state shall not be bought, sold or 
offered for sale within this state, or carried without 
the state, nor shall grouse, woodcock or quail taken 
without the state -be bought, sold or offered for 
sale within the state unless the person who offers 
for sale or sells grouse, woodcock or quail taken 
without the state shall have given to the commis- 
sioner a bond to the people of the state, as herein- 
after provided, approved by him as to form, amount 
and sufficiency of sureties. Such bond shall be con- 
ditioned that such person shall not have in his pos- 
session or buy or sell, grouse, woodcock or quail 
taken in this state, and shall contain such other 
provisions as to inspection of grouse, wood- 
cock or quail possessed by him, evidence that 
the same were taken without the state, by 
way of bill of sale, waybill or otherwise, and 
generally such requirements as the commissioner 
may deem necessary to secure the enforcement of 
this section. Possession of grouse, woodcock or 



66 The Forest, Fish and Game Law. 

quail by any person shall be presumptive evidence 
that they were taken in this state, provided that 
such presumption shall not attach to the possession 
of grouse, woodcock or quail by any person who 
shall have given to the commissioner the bond, as 
hereinbefore provided, so long as the same shall be 
in force; nor shall such presumption attach to pos- 
session of grouse, woodcock or quail by any person 
purchasing the same for consumption from a person 
whose bond is in force as aforesaid. But no pre- 
sumption that grouse, woodcock or quail are pos- 
sessed free from the presumption that they were 
taken in this state, as herein provided, shall arise 
in any action or legal proceeding until it affirma- 
tively appears that the provisions of this section have 
been complied with. Any person violating the pro- 
visions of such bond shall be denied the privilege of 
giving another bond under this section. (As am'd 
by chap. 474, Laws of 1909 and chap. 657, Laws of 
1910.) 

§ 93. Woodcock, grouse and quail not to be 
possessed. — Woodcock, grouse and quail shall 
not be sold or possessed during the close season, 
except in the month of December and first two days 
of January, and possession or sale thereof during 
December and the first two days in January, shall 
be presumptive evidence that they were unlawfully 
taken by the possessor. There shall be no open 
season for grouse and quail in Dutchess county 
prior to October first, nineteen hundred and thir- 
teen, but woodcock may be taken and possessed 
during the open season as provided by section 
ninety of the forest, fish and game law. (As 
am'd by chaps. 657 and 664, Lazes of 1910.) 



The Forest, Fish and Game Laze. 67 

§ 94. Woodcock, grouse and quail not to be 
transported. — Woodcock, grouse and quail shall 
not be transported within this state or into the state 
from a point without the state less than twenty-five 
nr-les from the state line, unless accompanied by the 
actual owner thereof, and no person shall transport 
or accompany more than twenty grouse, thirty-six 
woodcock or thirty-six quail in any calendar year, 
or more than four grouse, six woodcock or six 
quail at one time. Possession thereof by an in- 
dividual, a common carrier, or employee of a com- 
mon carrier, at the time actually engaged in the 
business of such common carrier, unaccompanied by 
the actual owner thereof, shall constitute a violation 
of this section by such individual, common carrier 
or employee. No common carrier or person in its 
employ shall transport such birds as owner. 

§ 95. Plover and other birds; open season.— 
Wilson, called English snipe, yellow legs, rail, mud- 
hen, gallinule, surfbirds, curlew, water chicken, jack- 
snipe, baysnipe, shore birds or plover may be taken 
from September sixteenth to December thirty-first, 
both inclusive. They shall not be taken or possessed 
at any other time. 

§ 96. Mongolian ring-necked and English or 
other pheasants. — There shall be no open season 
for Mongolian ring-necked, English or other pheas- 
ants, nor shall the same be killed or possessed, ex- 
cept in the counties of Fulton, Livingston, Monroe, 
Ontario, Orleans, Wayne, Suffolk, Seneca, Niagara, 
Yates, Cayuga, Erie, Genesee, Oswego, Wyoming 
and Dutchess, prior to October, nineteen hundred 
and fourteen ; provided, however, that in the coun- 



68 The Forest, Fish and Game Law. 

ties of Livingston, Monroe, Ontario, Orleans, 
Seneca, Niagara, Yates, Cayuga, Erie, Genesee, 
Oswego, Wyoming and Wayne the cock or 
male of said pheasants may be taken on Thursdays 
and Saturdays in the month of October, and pos- 
sessed during said month of October, but the bur- 
den of proof shall be on the possessor to show that 
the same were legally taken in accordance with the 
provisions of this section, and the said pheasants 
shall not be sold or offered for sale at any time, 
nor shall any person kill, take or possess more than 
three of said pheasants in any one year, and it is 
further provided that pheasants bred or purchased 
and liberated in Suffolk, Dutchess and Fulton coun- 
ties, by the game clubs and private owners, may be 
possessed in Greater New York for consumption 
but not for sale. Mongolian ring-necked, English 
01 other pheasants may be taken or possessed in 
the counties of Suffolk and Dutchess from Novem- 
ber first to December thirty-first, and in Fulton 
county, from September sixteenth to November 
thirtieth, both inclusive. They shall not be taken or 
possessed at any other time. In nineteen hundred 
and fourteen, the open season in counties now 
closed shall be as it now is in Livingston county. 
(As am'd by chap. 657, Laws of 191 0.) 

§ 97. Antwerp or homing pigeons. — No person 
shall take or interfere with any Antwerp or homing 
pigeon if it have the name of its owner stamped 
upon its wing or tail, or wear a ring or seamless leg 
band with its registered number stamped thereon, or 
have any other distinguishing mark; nor shall any 
person remove any such distinguishing mark from 
any such pigeon. 



The Forest, Fish and Game Law. 69 

§ 98. Certain wild birds protected. — Wild birds 
other than the English sparrow, crow, hawk, crow- 
blackbird, snow-owl, great horned owl and king 
fisher shall not be taken or possessed at any time, 
dead or alive, except under the authority of a cer- 
tificate issued under this chapter. No part of the 
plumage, skin or body of any bird protected by this 
section* or of any birds coming from without the 
state whether belonging to the same or a differ- 
ent species from that native to the state of New 
York, provided such birds belong to the same 
family as those protected by this chapter shall 
be sold or had in possession for sale. The pro- 
vision of this section shall not apply to game 
birds for which an open season is provided in this 
chapter ; excepting that quail, English pheasants and 
Hungarian partridges shall not be taken at any time 
in Richmond county prior to the year nineteen hun- 
dred and fourteen. (As am'd by chap. 474, Laws of 
tqoq, and chap. 256, Laws of 1910.) 

§ 99. Destroying or robbing nests. — Nests of 
wild birds other than the English sparrow, crow, 
hawk, crow-blackbird, snow-owl, great horned owl 
and king fisher shall not be robbed or wilfully de- 
stroyed, except when necessary to protect buildings 
or prevent their defacement. 

§ 100. No snares, nets or traps. — No wild bird 
or bird for which a close season is provided, shall 
be trapped, netted or snared, or if so taken pos- 
sessed. No net, trap or snare for taking grouse or 
quail, shall be set, placed or used where such birds 

* The provision in italics in Sec. 98 is not to take effect 
until July 1, 191 1. 



70 The Forest, Fish and Game Law. 

can be taken. Any such net, trap or snare is de- 
clared to be a public nuisance, and may be sum- 
marily abated and destroyed by any person and it 
shall be the duty of every protector to seize and de- 
stroy any such device. 

§ ioi. Certificate to collect for scientific pur- 
poses. — A certificate may be issued by the com- 
mission, to any person upwards of eighteen years 
of age, permitting the holder thereof to collect birds, 
birds' nests or eggs for scientific purposes. Before 
such certificate is issued, the applicant must file 
written testimonials from two well-known scientific 
ornithologists certifying to his good character and 
fitness to be intrusted with the privilege. Every 
applicant except an officer of the New York state 
museum, must pay one dollar for the expense of 
issuing the certificate and must file a bond in the 
penal sum of two hundred dollars with two re- 
sponsible sureties, to be approved by the commis- 
sion, conditioned that he will not violate the pro- 
visions of this chapter or avail himself of the 
privileges of said certificate for other than scientific 
purposes. Persons receiving such certificate must 
report the result of collections made thereunder an- 
nually to the commissioner, at the expiration of the 
license. Such a certificate shall be in force for one 
year only from the date of issue and shall not be 
transferable. 

§ 102. Taking game in Westchester county. — 
Game shall not be taken in a public highway, or on 
the lands of a railway or lands purchased or con- 
demned for the Croton aqueduct within the county 
of Westchester. 



The Forest, Fish and Game Law. yi 

§ 103. Birds and game not to be transported. — 

Birds or quadrupeds or parts thereof, game, except 
fish taken in this state, shall not except as herein 
provided and as provided in section one hundred 
and four, be transported without the state; nor shall 
the same be taken or possessed with intent to trans- 
port the same without the state. Any person doing 
any act with reference to such birds or game or in 
aid of such taking or transportation shall be deemed 
to have violated this section. No person shall at 
any time transport any birds or fish for which a 
close season is provided in any package unless the 
kind and number of such birds or fish shall be 
plainly marked on the outside of said package, to- 
gether with the names of consignor and consignee, 
the initial point of billing and the destination. The 
reception by any person or common carrier within 
this state, of any such bird or birds or fish for ship- 
ment in an unmarked package shall constitute a 
violation of this section by such person or common 
carrier. This section does not apply to fish taken 
or produced without the state, provided, the same 
shall be transported within the state from points 
not less than fifty miles from the state line, nor 
does it apply to the head, feet or skin of deer 
when severed from the carcass, or to quadrupeds 
named in section eighty-four of this act. {As 
am'd by chap. 657, Laws of 1910.) 

§ 104. Hunting license. — No person or persons 
shall at any time hunt, pursue or kill with a gun any 
of the wild animals, fowl or birds that are pro- 
tected during any part of the vear. or use a srun 
for hunting except as nerein provided witnout first 
having procured a license so to do and then only 



72 The Forest, Fish and Game Law. 

during the respective periods of the year when it 
shall be lawful. Said license shall be procured from 
any county, city or town clerk in the following man- 
ner, to wit: The applicant shall fill out a blank ap- 
plication to be furnished by the commissioner 
through the clerk of each county, city and town, 
stating name, age, occupation and place of residence 
of applicant, also whether a citizen of the United 
States or an alien and such other facts or descrip- 
tion as may be required by the commissioner. Said 
application shall be subscribed and sworn to by the 
applicant before any officer authorized to administer 
oaths in the state of New York, and said applicant, 
if a nonresident of the state, an unnaturalized per- 
son, or an alien, shall pay to the clerk countersign- 
ing and delivering the license the sum of twenty 
dollars, together with the sum of fifty cents as a fee 
to the clerk, and, if a resident of the state, shall 
pay to the clerk countersigning and issuing the 
license the sum of one dollar as a license fee, to- 
gether with the sum of ten cents as the fee of the 
county, city or town clerk for issuing such license, 
which said license shall bear the signature of the 
commissioner, and the seal of the county, city or 
town in which the same is issued and be counter- 
signed by the said clerk. The license fees above 
provided for shall be remitted by the city and town 
clerks on the first Tuesday of each month to the 
county clerk of the county, and such fees together 
with those received by the county clerk for issuing 
licenses from his office shall be remitted to the com- 
missioner on the second Tuesday of each month with 
a schedule setting forth the name and residence of 
each licensee and the amount paid, and shall by him 
be remitted to the state treasurer as are fines and 



The Forest, Fish and Game Law. jt, 

penalties. Every license issued shall be signed by 
the licensee in ink, as aforesaid, and shall entitle 
the person to whom issued to hunt, pursue and kill 
game animals, fowl and birds within the state at 
any time when or place where it shall be lawful to 
hunt, pursue and kill such game animals, fowl and 
birds, and no person to whom a license has been is- 
sued shall be entitled to hunt, pursue or kill game 
animals, fowl and birds in this state unless at the 
time of such hunting, pursuing or killing, he or she 
shall have such license on his or her person, and 
shall exhibit the same for inspection to any pro- 
tector or other officer or other person requesting to 
see the same, and such license shall be void after 
the thirty-first day of December next succeeding its 
issuance; provided, that the owner or owners of 
farm land, and their immediate family or families 
occupying and cultivating the same, or the lessee or 
lessees thereof and their immediate family or fam- 
ilies: who are actually occupying and cultivating the 
same, shall have the right to hunt and kill game on 
the farm land of which he or they are the bona fide 
owners or lessees during the season when it is law- 
ful to kill game without procuring such resident 
license. Any person who shall at any time alter or 
change in any material manner or loan or transfer 
to another, any license issued as aforesaid, shall be 
deemed guilty of a forgery, and, on conviction 
thereof, shall be subject to the penalties provided 
for the commission of forgery. All prosecutions 
for a violation of the provisions of this chapter re- 
lating to licenses may be brought by any person in 
the name of the people of the state of New York 
against any person or persons violating any of the 
provisions of this chapter, so far as it relates to 



74 The Forest, Fish and Game Lazv. 

licenses, before any court of competent jurisdiction; 
and it is hereby made the duty of all district attor- 
neys to see that the provisions of this section are 
enforced in their respective counties, and said dis- 
trict attorneys shall prosecute all offenders on re- 
ceiving information of the violation of any of the 
provisions of this section ; and it is hereby made 
the duty of all sheriffs, deputy sheriffs, constables 
and police officers to inform against and prosecute 
all persons who, there is reasonable cause to believe, 
are guilty of violating any of the provisions pf this 
section. Nothing herein shall prevent the commis- 
sioner from prosecuting persons for violation of 
this section. All moneys recovered in any penal 
action under this chapter, in so far as it relates to 
licenses, shall be remitted by the person or court re- 
covering the same to the commissioner; one-half 
of the amount recovered in any penal action under 
this section, in so far as it relates to licenses, after 
all disbursements and expenses in relation to the 
same, including attorney fees, shall have been paid, 
shall be paid to the person filing the complaint in 
such action by the state treasurer on approval of 
the commissioner, unless such person is a regular 
game protector. All bills for costs, disbursements 
and attorney's fees in any action or proceeding 
under this chapter relating to licenses shall be duly 
verified, presented to the commissioner, audited by 
said commissioner and paid on his approval by the 
state treasurer to the person entitled to the same. 
The form of the license shall be determined and the 
license blank prepared by the commissioner, and by 
him furnished through the county clerks of the sev- 
eral counties of the state to the city and town 
clerks. Each nonresident license shall have at- 



The Forest, Fish and Game Law. 75 

tached one coupon permitting the transportation out 
of the state of one deer or parts thereof under con- 
ditions to be prescribed by the commission. At the 
end of each season for hunting, the city and town 
clerks shall detach the stubs of licenses issued and 
forward the same securely attached to a report of 
the number issued and the amount of license money 
received to the county clerk of the county, whose 
duty it shall be to see that proper returns are made 
to him by all city and town clerks in his county, 
and to return to the commissioner all such stubs and 
reports with a final report recapitulating and tabu- 
lating the total number of licenses of both kinds 
issued in his county in the calendar year. The 
county clerk shall be reimbursed by the state for 
postage and expressage used in distributing licenses 
to city and town clerks and for his monthly reports 
required to be made to the commissioner ; his bills 
therefor shall be presented, audited and paid as 
herein provided for other payments. 

§ 105. Penalties. — A person who violates or 
fails to perform any duty imposed by any of the 
provisions of this article is guilty of a misdemeanor, 
unless otherwise provided, and is liable to a pen- 
alty of sixty dollars and an additional penalty 
of twenty-five dollars for each bird, or quadruped 
or part of bird or quadruped bought, sold, offered 
for sale, taken, possessed, transported or had in 
possession for transportation in violation thereof. 
A nonresident or alien who violates any of the pro- 
visions of section one hundred and four is guilty 
of a misdemeanor and is liable to a penalty of one 
hundred dollars for each violation thereof. {As 
am'd by chap. 657, Laws of 1910.) 



-6 The Forest, Fish and Game Law. 

ARTICLE VIII. 
Fish, General Provisions. 

Section 106. Trout; open season. 

107. Trout ; not disturbed while spawning. 

108. Waters inhabited by trout. 

109. Lake trout and whitefish; open season, 
no. Certain fish not to be transported, 
in. Private waters not to be stocked from 

streams. 
112 No fishing through ice. 

113. (Repealed.) 

114. Certain fish not to be placed in the 

Adirondacks. 

115. Black bass; open season; size and 

catch. 

116. Black bass; special. 

117. Pickerel and pike. 

118. Maskalonge ; open season. 

119. Salt water striped bass. 

120. Sturgeon ; required length of. 

121. No fishing near fishways. 

122. Tip-ups. 

123. Eel weirs and eel pots. 

124. Taking minnows for bait. 

125. Fish taken by angling; meshes of nets. 

126. Frostfish and whitefish taken with nets. 

127. Nets to be licensed. 

128. Thumping. 

129. Carp not to be placed in certain waters. 

130. Taking fish in Lake Champlain; regu- 

lations. 

131. Polluting streams. 

132. Polluting of water used by stale fish 

hatcheries. 



The Forest, Fish and Game Lazv. 77 

Section 133. Drawing off water forbidden. 

134. Streams not to be obstructed. 

135. Explosives prohibited. 

136. Acquisition of land and water for 

propagation of fish. 

137. State engineer and surveyor to make 

description of land and water appro- 
priated. 

138. Service of notice. 

139. Adjustment of claims by agreement. 

140. When claims may be presented tc 

court of claims. 

141. Net to be destroyed by game protect- 

ors. 

142. Seizure of nets; expenses; regulations 

in certain counties. 

143. Penalties. 

§ 106. Trout; open season. — The open season 
for trout shall be from April sixteenth to August 
thirty-first, both inclusive, except in the counties of 
Clinton, Essex, Franklin, Fulton, Hamilton, Sara- 
toga, Saint Lawrence, Warren and Washington and 
in that portion of Herkimer county north of the 
Mohawk river, where the season shall be from May 
first to August thirty-first, both inclusive, and ex- 
cept in Allegany, Cattaraugus, Chautauqua, Cort- 
land, Livingston, Tioga and Wyoming counties where 
the open season shall be from April sixteenth to 
July fifteenth, both inclusive, and except in the 
Genesee river in the county of Allegany, in Spring 
brook in the county of Livingston, in the west 
branch of the Oatka creek in the town of Gaines- 
ville in the county of Wyoming, and in that part 
of Cattaraugus creek which is in the counties of 



/8 The Forest, Fish and Game Law. 

Cattaraugus and Chautauqua where the open season 
shall be from April sixteenth to August thirty-first, 
both inclusive, and in the county of Chenaago 
where the open season shall be from April sixteenth 
to July thirty-first, both inclusive. Trout shall not 
be taken or possessed at any other time, nor shall 
trout taken in any of the waters of the state be 
sold or offered for sale. Trout less than six inches 
in length shall not be taken or possessed. This 
section shall not apply to private hatcheries in sale 
of trout, or for propagation. (As am'd by chap. 
474, Laws of 1909 and chap. 657, Laws of 1910.) 

§ 107. Trout; not disturbed while spawning.— 

Trout and lake trout on spawning beds in the close 
season shall not be disturbed, nor shall their spawn 
or milt be taken from the spawning beds. 

§ 108. Waters inhabited by trout. — Fish shall 
not be taken in fresh waters inhabited by trout, 
except by angling. 

§ 109. Lake trout and whitefish, open season. 

— The open season for lake trout and whitefish 
shall be from May first to August thirty-first, both 
inclusive, except in Lakes Erie and Ontario, where 
the open season for lake trout and whitefish shall 
be from January first to October thirty-first, both 
inclusive ; and except in the counties of Ulster, 
Sullivan, Orange, Rockland, Westchester and 
Richmond, where the open season for lake trout 
shall be from May first to June thirtieth, both in- 
clusive, and except in Lake Keuka, where the open 
season for lake trout shall be from April sixteenth 
to August thirty-first, both inclusive. Lake trout 



The Forest, Fish and Game Law. 79 

less than fifteen inches in length shall not be taken 
or possessed. Whitefish less than two pounds in 
the round shall not be taken from any of the 
waters of the state or possessed at any time. 
Lake trout or whitefish shall not be taken or pos- 
sessed at any other time, except in Owasco, Skane- 
ateles and Keuka lakes when the open season for 
lake trout shall be from April sixteenth to October 
thirty-first, both inclusive, provided that during the 
close season any person may buy, possess or sell 
lake trout or whitefish taken without the state if 
such person will at all times permit the commis- 
sion or any member or officer thereof a full ex- 
amination of his books and papers relating to the 
purchase and sale of fish, and will, when required by 
the commission, furnish the original invoice or in- 
voices, freight or express receipts used in the trans- 
portation thereof. (As am'd by chap. 474, Laws of 
1909 and chaps. 657 and 663, Lazvs of 1910.) 

§ no. Certain fish not to be transported. — 

Lake trout taken in inland waters and trout shall 
not be transported in this state except when accom- 
panied by the actual owner. No person shall take 
or transport at any one time more than twenty-five 
pounds of lake trout, nor more than ten pounds of 
trout. Possession of lake trout or trout by a com- 
mon carrier or employee thereof, while actually en- 
gaged in the business of such common carrier, un- 
accompanied by the actual owner, shall constitute 
a violation of this section by such employee and 
common carrier. This article shall not apply to 
private hatcheries but all shipments from private 
hatcheries must be accompanied by a permit issued 
by the forest, fish and game commission. 



So The Forest, Fish and Game Law. 

§ in. Private waters not to be stocked from 
streams. — Trout or lake trout shall not be taken 
from any of the waters of the state for the purpose 
of stocking private ponds or streams. Provided, 
however, that any person desirous of aiding the 
state in the propagation and distribution of trout 
may, on the approval of the commissioner, take 
trout or spawn from public waters for breeding 
purposes. Trout or spawn so taken shall be re- 
turned to public waters of the state. Before per- 
mission is given, or trout taken as herein provided, 
the applicant shall show conclusively that he has 
facilities for breeding trout, and must execute a 
satisfactory bond to the people of the state, to be 
approved by the commissioner, conditioned that he 
will not sell, give away, convert to his own use, 
or otherwise dispose of any trout or spawn taken 
under said permit, and will return the adult and 
young trout to public waters at such times and 
places as the commissioner may designate. 

§ 112. No fishing through ice. — Fish shall not 
be taken through the ice in waters inhabited by 
trout or lake trout, during the close season there- 
for. This section shall not apply to Lakes Ontario 
and Erie or to the Hudson, Niagara and Saint 
Lawrence rivers. 

§ 113. (Repealed by chap. 474, Laws of 1909.) 

§ 114. Certain fish not to be placed in Adiron- 
dacks. — Fish, or fry spawn or milt thereof, other 
than trout, lake trout and Adirondack frostfish, 
shall not be placed in the waters of the Adirondack 
region except under the supervision of the com- 
missioner and pursuant to his order. 



The Forest, Fish and Game Law. 81 

§ 115. Black bass; open season; size and catch. 
— The open season for black bass shall be from 
June sixteenth to December thirty-first, both inclu- 
sive. They shall not be taken or possessed at any 
other time. Black bass less than ten inches in 
length shall not be taken. Small-mouth black bass 
less than twelve inches in length shall not be taken 
in the waters of Putnam county. No person shall 
take more than twenty-four black bass in one day. 
Whenever two or more persons are angling from 
the same boat, they shall not take more than thirty- 
six bass in one day. Black bass shall not be pos- 
sessed in any county during the season that is closed 
throughout the entire county, or when they are 
unlawfully taken. Bass shall not be taken in any 
manner, except by angling, in any of the waters of 
this state, nor shall bass so taken in any of the 
waters of the state be sold or offered for sale. (As 
am'd by chap. 657, Laws of 19 10.) 

§ 116. Black bass; special. — Black bass shall 
not be taken from the waters of Orange lake in 
Orange county after sunset or before sunrise, and 
no fish of any kind shall be taken from the waters 
of said lake between the first day of March and 
the fifteenth day of June, both inclusive. No per- 
son shall take more than twelve black bass in the 
Saint Lawrence river in one day, and whenever 
two or more persons are angling from the same 
boat, they shall not take more than twenty-four bass 
in one day. 

§ 117. Pickerel and pike. — The open season foi 
pike and pickerel shall be from May first to the last 
day of February, both inclusive, except there shall 
be no closed season for blue pike in Lake Erie. 



82 The Forest, Fish and Game Law. 

Pike and pickerel shall not be taken or possessed 
at any other time, provided that during the close 
season any person may buy, possess or sell pickerel 
or pike taken without the state if such person will 
at all times permit the commission or any member 
or officer thereof to have an examination of his 
books and papers relating to the purchase and sale 
of fish, and will when required by the commission 
furnish the original invoice or invoices, freight or 
express receipts used in the transportation thereof. 
The commission may permit the taking or destruc- 
tion of pickerel at any time in waters inhabited by 
trout. Wall-eyed and yellow pike, less than ten 
inches in length, shall not be taken or possessed. 
(As am'd by chap. 474, Laws of 1909.) 

§ 118. Maskalonge; open season. — The open 
season for maskalonge shall be from June first to 
the last day of February, both inclusive ; they shall 
not be taken or possessed at any other time except 
in the counties of Chautauqua and Cattaraugus as 
hereafter provided. Maskalonge less than twenty- 
four inches in length shall not be taken or possessed. 

§ 119. Salt-water striped bass. — Salt-water 
striped bass less than eight inches in length shall 
not be intentionally taken or possessed at any time. 
Striped bass shall not be intentionally taken from 
the Hudson river by a net between April thirtieth 
and July thirtieth, both inclusive. If taken in either 
case, the same shall be immediately returned to the 
water where taken. 

§ 120. Sturgeon; required length of. — Sturgeon 
less than three feet long shall not be intentionally 
taken, or possessed. 



The Forest, Fish and Game Lazv. 83 

§ 121. No fishing near fishways. — The commis- 
sion shall maintain fifty rods from every fishway 
erected by the state in public waters on both sides 
of the stream above and below the fishway, sign 
boards containing substantially the following no- 
tice: "Fifty rods to the fishway; all persons are 
prohibited by law from fishing in this stream be- 
tween this point and the fishway." No person shall 
take fish within fifty rods of any such fishway. 

§ 122. Tip-ups. — Bullheads, catfish, eels, perch, 
sunfish, and, except during the months of March 
and April, pike and pickerel may be taken through 
the ice with a hook and line or tip-ups in waters 
not inhabited by trout. But no person shall operate 
or control at the same time more than five tip-ups, 
except in Honeoye lake, Canadice lake and Conesus 
lake, and Oneida lake, where fifteen may be used, 
and such person shall at all times said lines are 
set be personally present and have personal super- 
vision and control over the same. (As am'd by 
chap. 657, Laws of 1910.) 

§ 123. Eel weirs and eel pots. — Eel weirs the 
laths of which are not less than one inch apart, 
may be maintained in waters not inhabited by 
trout, other than the tributaries of the Chemung 
river in the counties of Steuben and Chemung, the 
waters of Cayuga county, the Delaware river, the 
Chenango river in Broome county, provided there 
be at low water a clear passage in the said weir 
not less than ten feet wide for the passage of boats 
and fish. In the Susquehanna river eel weirs may 
be maintained, provided there be at low water a 
clear passage on one side of said weir not less 



84 The Forest, Fish and Game Law. 

than thirty feet wide, twenty feet of which shall 
have a depth of at least eighteen inches, for the 
passage of boats and fish, and such weirs shall 
have stakes only at the mouth and outlet of the 
rock and the outlet of the weir. Eel pots of such 
form as may be prescribed by rules of the com- 
mission may be used in waters not inhabited by 
trout or lake trout. Every person maintaining an 
eel weir or eel pot in any of the waters of this 
state shall first obtain from the forest, fish and 
game commission a license to maintain the same, 
to be approved by the commission, conditioned for 
the payment to the people of the state of fifty 
dollars if the holder thereof violates any of the 
provisions of this section or any of the regula- 
tions contained in the license while such license is 
in force. The use of eel weirs and eel pots except 
as expressly permitted by law is prohibited. (As 
am'd by chap. 657, Laws of 1910.) 

§ 124. Taking minnows for bait. — Minnows 
shall not be taken with a net or seine for bait from 
any of the waters of the state without a license. 
The commissioner may grant a license for a net to 
take minnows for bait in waters not inhabited by 
trout. Such a license can be granted only upon the 
payment of a license fee to be prescribed by the 
commission and the execution of a bond by the 
owner of the net, to be approved by the commis- 
sion, conditioned for the payment to the people of 
the state of one hundred dollars if the holder 
thereof violates any of the provisions of this sec- 
tion or any of the regulations contained in the 
license while the license is in force. The license 



The Forest, Fish and Game Law. 85 

must specify the waters in which the net may be 
used, and may contain regulations for the protection 
of fish. Black bass, maskalonge, whitefish, pickerel 
or pike taken in a net used under this section shall 
be immediately returned to the water uninjured. 
Minnows shall not be taken within one hundred feet 
of any dock, pier, or boat landing structure along the 
Saint Lawrence river without the consent of the 
owner of the land on which the same is built. The 
provisions for licensing nets in this section shall 
not apply to minnow nets less than four feet in di- 
ameter. (As am'd by chap. 474, Laws 1909.) 

§ 125. Fish taken by angling, meshes of nets. — 

Except as permitted by this chapter, fish shall not 
be taken by any device except angling in any of the 
rivers, lakes and inland waters of the state. When 
permitted the meshes of nets used shall not be less 
than one and one-eighth inch bar, except in Lake 
Erie, where they shall not be less than one and 
three-eighths inch bar, and except nets for taking 
minnows as herein provided. 

§ 126. Frostfish and whitefish taken with nets. 
— Frostfish, whitefish, catfish, sunfish, pumpkin 
seeds, bullheads, perch, suckers and sturgeon may 
be taken with nets from inland lakes not inhabited 
by trout pursuant to rules prescribed by the com- 
mission. The commission may make rules under 
which by paying a license sturgeon may be taken 
by setlines and trap lines. Such rules shall be sub- 
ject to amendment or abrogation at any time and 
may be either general or special, and published as 
the commission directs. (As am'd by chap. 474, 
Laws of 1909 and chap. 657, Laws of 1910.) 



86 The Forest, Fish and Game Law. 

§ 127. Nets to be licensed. — Rules regulating 
the use of seines, fykes, pounds, traps and other 
nets, in the waters of the state, and providing for 
the licensing of such nets, may from time to time 
be prescribed by the commission, when not incon- 
sistent with law, and such rules shall be filed in the 
office of the secretary of state. Until amended or 
superseded, as herein authorized, the rules as filed 
in the office of the secretary of state in the years 
eighteen hundred and ninety-five and eighteen hun- 
dred and ninety-eight are continued in force. Nets 
shall not be set or used without a license granted by 
the commission. 

§ 128. Thumping. — Sailing, rowing, pushing, or 
floating in any boat or vessel in a waterway, river, 
run or channel, or patrolling the banks of such 
waterway, river, run or channel, and stamping, 
jumping, shouting, pounding, beating or splashing 
the water, beating or pounding the banks, or boat, 
while a seine or net is set, drawn, held or used in 
such waterway, river, run or channel, with intent to 
drive fish into such seine, or net, which acts are 
commonly known as thumping, are hereby for- 
bidden. 

§ 129. Carp not to be placed in certain waters. 
— No person shall put or place in the waters of 
Conesus lake, Keuka lake and Hemlock lake, in the 
counties of Livingston, Yates and Steuben, in Nas- 
sau lake in Rensselaer county, or in any waters in- 
habited by trout or bass any fish commonly known 
as carp, nor shall any person put or place in such 
waters the spawn of such fish, or use such fish as 
bait in the waters thereof. 



The Forest, Fish and Game Law. 87 

§ 130. Taking fish in Lake Champlain; regu- 
lations. — No fish shall be taken through the ice 
in the waters of Lake Champlain less than six 
inches in length. This section shall not apply to 
game fish for which there is a close season. 

§ 131. Polluting streams. — No dyestuffs, coal 
tar, refuse from a gas house, sawdust, shavings, 
tanbark, lime or other deleterious or poisonous sub- 
stance shall be thrown or allowed to run into any 
waters, either private or public, in quantities injuri- 
ous to fish life inhabiting the same or injurious to 
the propagation of fish therein. 

§ 132. Polluting of waters used by state fish 
hatcheries. — No person shall erect or maintain 
any privy, water-closets, pigsty, hogpen, inclosure for 
poultry, barn or barnyard in which animals or poul- 
try are kept, or drain from any building or the cel- 
lar thereof, where drainage or refuse therefrom will 
flow into or find its way into water used by any fish 
hatchery operated by the state, or into any pond, 
creek or stream used in connection therewith. Every 
such privy, water-closet, pigsty, hogpen, inclosure, 
barn, barnyard and drain is hereby declared to be a 
public nuisance and may be summarily abated by the 
commission. No person shall place sewage or other 
matter injurious to fish where the same can find its 
way into water used by any fish hatchery operated 
by the state, or suffer the same to be done from, 
over or through premises owned or occupied by 
him. 

§ 133. Drawing off water forbidden. — Fish shall 
not be taken by shutting or drawing off water for 



88 The Forest, Fish and Game Law. 

that purpose. But the commission may permit 
owners or persons in charge of private ponds, reser- 
voirs or waters of the state, to remove therefrom 
carp, pickerel or other fish by any device. 

§ 134. Streams not to be obstructed. — Except 
as provided in section one hundred and twenty- 
three, or as directed by the commissioner, no per- 
son shall by means of any rack, screen, weir or other 
obstruction in any creek, stream or river, prevent 
the passage of fish protected by law. {As am'd by 
chap. 474, Laws of 1909.) 

§ 135. Explosives prohibited. — Fish shall not 
be taken by means of explosives. Except for min- 
ing or mechanical purposes, dynamite or other ex- 
plosive shall not be used in any of the waters of 
this state, or possessed upon the shores or islands 
of the waters thereof. Possession thereof by 
any person on the shores or islands of the waters 
of this state shall be presumptive evidence that the 
same is possessed for use in violation of the pro- 
visions of this section. (As am'd by chap. 657, 
Laws of 1910.) 

§ 136. Acquisition of land and water for propa- 
gation of fish. — The forest, fish and game com- 
missioner may enter on and take possession of any 
land and water that in his judgment is necessary for 
the purposes of artificial propagation of food and 
game fish for restocking the public waters of the 
state. 

§ 137. State engineer and surveyor to make de- 
scription of land and water appropriated. — Upon 
the request of the said commissioner, an accurate 



The Forest, Fish and Game Lazv. 89 

description of such lands and waters so entered and 
appropriated, shall be made by the state engineer 
and surveyor and certified by him to be correct, and 
the said commissioner shall indorse on such descrip- 
tion a certificate stating that the lands and waters 
described therein have been appropriated by the 
Btate for fish hatchery purposes. Such description 
and certificate shall be filed in the office of the 
clerk of the county where the land and water 
covered thereby are located. 

§ 138. Service of notice. — The said commis- 
sioner shall thereupon cause a duplicate of said de- 
scription and certificate, with notice of the date of 
filing thereof in said county clerk's office, to be 
served on the owner or owners of the land and 
water appropriated ; and from the time of such ser- 
vice the entry upon, and appropriation by the people 
of the state of the property described in such 
notice, shall be deemed complete and the said prop- 
erty be deemed owned by the state. Service of the 
notice by the said commissioner must be personal if 
the person to be served can be found in the state. 
The provisions of the code of civil procedure relat- 
ing to the service of a summons in an action in 
the supreme court, except as to publication, apply, 
so far as practicable, to the service of such a notice. 
If a person to be served cannot with due diligence 
be found in the state, a justice of the supreme 
court may, by order, direct the manner of such ser- 
vice, and service shall be made accordingly. The 
county clerk shall upon receipt of proof of due 
service upon the owner of said duplicate description, 
certificate and notice of filing, record the same in 
the books for recording deeds of real estate. 



go The Forest, Fish and Game Law. 

§ 139. Adjustment of claims by agreement. — 

Claims for the value of the property taken by any 
such appropriation may be adjusted by the commis- 
sioner, if the amount thereof can be agreed upon 
with the owner or owners thereof. The amount 
so fixed shall be paid out of any funds appropriated 
for fish hatchery purposes, by the treasurer upon the 
warrant of the comptroller. 

§ 140. When claims may be presented to court 
of claims. — If the commissioner and the owner 
or owners are unable to agree upon the value of 
the property appropriated, within two years after 
the service of notice of appropriation as above 
specified, any such owner may present to the court 
of claims a claim for the value of such land and 
the said court shall have jurisdiction to hear and 
determine such claim and render judgment. Upon 
filing in the office of the said commissioner and of 
the comptroller a certified copy of the final judg- 
ment of the court of claims, and a certificate of the 
attorney-general that no appeal from such judgment 
has been or will be taken by the state, or if an ap- 
peal has been taken a certified copy of the final 
judgment of the appellate court, affirming in whole 
or in part the judgment of the court of claims, 
the comptroller shall issue his warrant for the pay- 
ment of the amount due the claimant by such judg- 
ment, with interest from the date of the judgment 
until the thirtieth day after the entry of such final 
judgment, and such amount shall be paid by the 
treasurer. 

§ 141. Nets to be destroyed by game protectors. 

— Nets, seines, pounds or other devices not author- 



The Forest, Fish and Game Law. 91 

izcd by law, had, set or used in or upon any of the 
waters or shores thereof or islands of this state are 
hereby declared to be public nuisances and shall 
be summarily seized, abated and destroyed by any 
game protector, or may be by a private person ; pro- 
vided, however, that the forest, fish and game com- 
missioner may direct a game protector to retain 
certain nets or seines for the use of the state hatch- 
eries. No action for damages shall be maintained 
for such seizure, retention or destruction. 

§ 142. Seizure of nets; expenses; regulations in 
certain counties. — The reasonable expense of the 
seizure, removal or destruction of any net, pound 
or other illegal device shall be a county charge 
against the county in which the same shall be seized, 
and shall be audited and paid as a county charge on 
verified statement of the game protector making 
the seizure, stating the time and place of such 
destruction, the name of the person or persons em- 
ployed, the time spent and money paid, if any, 
therein. The board of supervisors of any county 
may by resolution make such further regulation as 
to establishing and destroying the same as they 
deem proper. 

§ 143. Penalties. — A person who violates any 
of the provisions of this article is guilty of a mis- 
demeanor and in addition thereto is liable as fol- 
lows : For each violation of section one hundred 
and eight in relation to waters inhabited by trout, 
of section one hundred and nine in relation to the 
taking and possession of lake trout, section one hun- 
dred and twenty-five relating to the taking of fish 
by any device other than angling, a penalty of sixty 



92 The Forest, Fish and Game Law. 

dollars and an additional penalty of ten dollars for 
each fish taken or possessed in violation thereof ; 
of sections one hundred thirty-one and one hundred 
thirty-two in relation to polluting streams, section 
one hundred thirty-three relating to drawing of 
water, section one hundred and thirty-five in rela- 
tion to explosives, he shall be liable to imprison- 
ment for not exceeding one year and in addition 
thereto, is liable to a penalty of five hundred dol- 
lars and an additional penalty of ten dollars for 
each fish taken or possessed, bought or sold in 
violation thereof ; section one hundred and ten in 
relation to transportation of fish, section one hun- 
dred and twenty-eight in relation to thumping, and 
section one hundred and twenty-nine relative to 
carp in Conesus and Hemlock lakes in the county 
of Livingston, a penalty of sixty dollars; for all 
other violations of said article, a penalty of twenty- 
five dollars and an additional penalty of ten dol- 
lars for each fish taken or possessed in violation 
thereof. (As am'd by chap. 657, Laws of 1910.) 

ARTICLE IX. 
Fish, Local Provisions. 

Section 144. Fishing in Niagara river. 

145. Nets in Lakes Ontario and Erie. 

146. Nets in Chaumont bay and adjacent 

waters. 

147. Nets in Hudson and Delaware rivers 

and adjacent waters. 

148. Richmond county and Raritan bay. 

149. Nets prohibited in Harlem river and 

adjacent waters. 



The Forest, Fish and Game Law. 93 

Section 150. Fishing in Seneca and Cayuga lakes. 

151. Fishing in Otsego lake. 

152. Fishing in Chautauqua and Cattaraugus 

counties. 

153. Spearing, hooking and set lines. 

154. Warren, Essex, Washington and Sara- 

toga counties, certain waters. 

155. Extension of close seasons. 

156. Nonresident fish license. 

157. Dutchess and Sullivan counties. 

158. Fish not to be taken by set lines, tip- 

ups or spearing in Young's lake and 
Weaver's lake in Herkimer county. 

159. Transportation of fish from the prov- 

ince of Quebec. 

160. Penalties. 

§ 144. Fishing in Niagara river. — When licensed 
by the commission, seines may be used in the 
Niagara river in November, December, January and 
March to take fish, except black bass, lake trout, 
whitefish and maskalonge. Fish except black bass, 
yellow pike, lake trout, whitefish, pickerel and 
maskalonge may be taken by seine, machine or trap 
by citizens of the state in that part of the Niagara 
river in the town of Lewiston, Niagara county, dur- 
ing the time when Canadians may lawfully fish with 
such devices in said river on the Canada side oppo- 
site the town of Lewiston, provided a license there- 
for has been granted by the commission, and pro- 
vided that lake trout and whitefish can not be taken 
during November and December. The commission 
shall, on the execution of a satisfactory bond, con- 
ditioned for the payment to the people of the state 
of the sum of one hundred dollars, if the holder of 



94 The Forest, Fish and Game Law. 

the license shall violate any of the provisions of this 
chapter as to the Niagara river, while the license 
is in force, and upon the payment of five dollars 
for each seine, machine or trap license, grant such 
a license, unless the applicant has been convicted 
of violating a provision of this chapter, or his bond 
adjudged forfeited. Fish which may not be law- 
fully taken under the provisions of this section, 
shall, if unintentionally taken, be immediately re- 
turned to the water alive and without unnecessary 
injury. Fish which may be lawfully taken with nets 
may be speared between the falls of Niagara and 
the north line of the village of Lewiston. 

§ 145. Nets in Lakes Ontario and Erie. — Fish 
may be taken with nets, in the waters of Lake Erie 
except within one-half mile of the shores or islands 
thereof, and within five miles of the mouth of Cat- 
taraugus creek during the open season ; and in Lake 
Ontario except within one mile of the shores or 
is'ands thereof and within three miles of the mouth 
of the Niagara river during the open season; but 
in the county of Erie pound nets, trap nets or fyke 
nets shall not be used. Fishermen licensed to fish 
in said lakes may hang or reel licensed nets on the 
shores thereof to clean and dry the same. 

§ 146. Nets in Chaumont bay and adjacent 
waters.— The waters and bays of Lake Ontario, 
in the county of Jefferson, within one mile of the 
shore, between Horse Island, in the town of Houns- 
field, and the town line between the towns of Lyme 
and Cape Vincent, except the waters within one mile 
of Stony Island, Calf Island or of the Galloup 
Islands, are so far excepted from the provisions of 



The Forest, Fish and Game Laze. 95 

this chapter as to permit the taking of fish by nets 
therein from October first to April thirtieth, except 
lake trout and whitefish in November and December, 
provided that a net shall not be set until license 
therefor has been granted by the commission and the 
commission shall have the power to determine the 
location thereof. The commission shall on the exe- 
cution of a satisfactory bond, conditioned for the 
payment to the people of the state of the sum of 
one hundred dollars if the holder of the license 
shall violate any of the provisions of this section 
as to black bass or maskalonge while the license 
is in force, grant such a license and may license 
the use of sturgeon nets of not less than five-inch 
bar at any time or of hoop or fyke and trap nets 
during the month of May unless the applicant has 
been convicted of violating this section or his bond 
adjudged forfeited. The license fee shall be fixed 
by the commission. All black bass and maskalonge 
caught in nets set pursuant to this section shall be 
immediately returned to the water. (As am'd by 
chap. 474, Lazvs of 1909.) 

§ 147. Nets in Hudson and Delaware rivers 
and adjacent waters. — From March fifteenth to 
June fifteenth, both inclusive, shad and herring may 
be taken in the Delaware river and that part of 
the Hudson river below the dam at Troy, with nets 
operated by hand only; and in Catskill creek below 
Cook's dam, so called, with scoop nets, dip nets 
and scap nets. No such net shall be set, placed or 
drawn or fish taken therefrom between sunset on 
Thursday and sunrise on Monday, unless by reason 
of inclemency of the weather, it can not be drawn 
before sunset on Thursday when it may be drawn 



96 The Forest, Fish and Game Law. 

on Friday. From September first to May thirtieth, 
both inclusive, fish except salmon, black bass, trout 
and pike-perch, and except also during March and 
April pickerel and pike may be taken with nets in 
the Hudson river below the dam at Troy, Wap- 
pinger's creek below the falls at Hibernia, Rondout 
creek below the dam at Eddyville, and with scap 
nets, scoop nets and dip nets in Catskill creek below 
Cook's dam, so called, and in the Ten Mile river 
in the town of Dover. From June first to Sep- 
tember first, both inclusive, sturgeon may be taken 
in the Hudson river with sturgeon nets of not less 
than eleven-inch mesh. {As am'd by chap. 657, 
Laws of 1910.) 

§ 148. Richmond county and Raritan bay.— 
Fish except shad in Raritan bay or waters adjacent 
thereto in Richmond county shall not be taken ex- 
cept by angling. Shad shall not be taken except 
by shad nets from March fifteenth to June fifteenth, 
both inclusive. 

§ 149. Nets prohibited in Harlem river and ad- 
jacent waters. — Nets other than nets used for 
catching lobsters or crabs shall not be used in 
Harlem river, East river or Long Island sound from 
Hell Gate to the northern boundary line of the city 
of New York, or in any of the bays, creeks, or 
confluent brooks within said limits. 

§ 150. Fishing in Seneca and Cayuga lakes. — 

Nets or seines the meshes of which shall not be 
less than two-inch bar, may be used in Seneca lake 
and in that portion of Cayuga lake lying south of a 
straight line drawn from East Varick to Lavana 



The Forest, Fish and Game Law. gy 

and north of a straight line drawn from Glenwood 
to Esty Glen from May first to September fifteenth, 
bcth inclusive. (As am'd by chap. 474, Laws 1909.) 

§ 151. Fishing in Otsego lake. — Frostfish, 
whitefish, Otsego bass and lake trout may be taken 
by angling, from January first to October thirty- 
first, both inclusive, from Otsego lake, Otsego 
county. Nets and net fishing are prohibited at all 
times excepting the use of minnow nets as li- 
censed by the forest, fish and game commission, 
and also excepting the use of gill nets as herein- 
after provided. Frostfish, whitefish and Otsego 
bass may be taken in gill nets having meshes 
of not less than one and three-quarter inch bar, 
and not exceeding sixty rods in length, from July 
first to August thirty-first, both inclusive, provid- 
ing a license shall have been granted therefor by 
the forest, fish and game commission. Each fisher- 
man shall be limited to one net, and each net shall 
be buoyed and tagged with the name of the owner. 
No license shall be granted to any person under 
twenty-one years of age. Possession of nets other 
than as provided for by this section, at any time 
by any person within five hundred feet of the shores 
of Otsego lake, Otsego county, shall be presumptive 
evidence that the same were unlawfully used. Pos- 
session of frostfish, whitefish, Otsego bass, lake 
trout or trout, from the first day of November to 
the thirty-first day of December, both inclusive, by 
any person in Otsego county, shall be presumptive 
evidence that the same were unlawfully taken from 
the waters of said lake. Lake trout may be taken 
by angling from January first to October thirty-first, 
both inclusive. Set lines are prohibited at all times. 



98 The Forest, Fish and Game Law. 

Eel pots of such form as may be prescribed by the 
forest, fish and game commission may be used at 
any time. {As ani'd by chap. 657, Laws of 1910.) 

§ 152. Fishing in Chautauqua and Cattaraugus 
:ounties. — Maskalonge, black bass, or yellow bass 
shall not be fished for, taken or possessed in Chau- 
tauqua and Cattaraugus counties from October six- 
teenth to June fifteenth, both inclusive, unless by 
the state for the purposes of propagation. Maska- 
longe, black bass or yellow bass shall not be fished 
for, or taken from any of the waters of Chautauqua 
or Cattaraugus counties on any day after dark and 
before daylight. Maskalonge less than twenty-four 
inches in length shall not be taken from any of the 
waters of said counties. Bullheads may be fished 
for and taken through the ice with hook and line 
baited with angle-worms in any of the lakes of such 
counties. The provisions of this section shall not 
apply to Bear lake in Chautauqua county. (As 
am'd by chap. 474, Laws of 1909.) 

§ 153. Spearing, hooking and set lines. — Suckers, 
bullheads, eels and dogfish may be speared in the 
Delaware river in Sullivan and Delaware counties, 
and in Sandsburg creek, town of Wawarsing, in 
Ulster county, from the Center street bridge in 
Ellenville to Port Hixon dam on said stream, from 
April first to September thirtieth, both inclusive; 
and Shadow creek and Hayden creek in the town 
of Springfield, Otsego county, from March first to 
May first, inclusive ; and in the Hyder creek, Fish 
creek, Mink creek and Herkimer creek in the towns 
of Richfield and Exeter, inclusive, provided that 



The Forest, Fish and Game Lazv. 99 

spearing shall not be allowed hereunder within 
twenty rods from the point where such creeks empty 
into Schuyler lake; and in the creeks in Orleans 
county excepting Sandy creek, Oak Orchard creek 
and Johnson's creek, between the fifteenth day of 
March and the thirtieth day of April, inclusive; and 
in the tributaries of Lake Ontario from the mouth 
of the Niagara river to the boundary line between 
Niagara and Orleans counties, suckers, bullheads, 
eels, dogfish and carp may be speared from March 
first to May fifteenth, both inclusive; and in the 
waters of Lake Ontario in the towns of Ellisburg, 
Henderson, Hounsfield and Brownville in Jefferson 
county, and in the waters of the towns of Lexington 
and Prattville in Greene county, at any time. Such 
fish may be taken from December first to May fif- 
teenth, both inclusive, by hooking, in Oneida lake, 
Oneida river, Onondaga lake, in the Delaware and 
Charlotte rivers and their tributary streams in the 
counties of Delaware and Sullivan, in the Schoharie 
river and its tributary streams in Schoharie and 
Greene counties, and in the waters of Cortland, 
Tioga, Broome, Chenango and Otsego counties. 
Fish, except lake trout, black bass and pike perch, 
may be taken through the ice with a hook and line 
in Canandaigua lake, except during the months of 
March and April. Any fish, except lake trout, black 
bass and pike perch, may be taken in said lake by 
spearing except during the months of April, May 
and June. And any fish except black bass and pike 
perch may be taken in Seneca lake by spearing from 
April fifteenth to June fifteenth, both inclusive. Set 
lines not more than five hundred feet in length with 
one end thereof attached to the shore, may be used 
to take fish in Canandaigua lake and Lake Keuka. 



loo 1 he Forest Fish and Game Law. 

The hooks not to be baited with minnows. It shall 
be unlawful to use upon a line for taking fish in 
the waters of Lake Keuka more than six hooks, or 
any contrivance having more than six hooks or more 
than two burrs of three hooks attached thereto. The 
provisions of this section shall not apply to streams 
inhabited by trout, but nothing in this article shall 
be taken as prohibiting the taking by hooking of 
suckers, bullheads, eels, dogfish, and carp from De- 
cember first to May fifteenth, both inclusive, in Dela- 
ware and Sullivan counties in Delaware river below 
Brookdale bridge in the town of Roxbury on the 
east branch and below the inlet of Robinson pond in 
the town of Stamford on the west branch, or in 
the Charlotte river below the bridge in the village 
of Davenport. (As am'd by chap. 474, Laws of 
1909 and chap. 657, Laws of 1910.) 

§ 154. Warren, Essex, Washington and Sara- 
toga counties, certain waters. — Pike, perch or 
great northern pike may be taken from the waters 
of Lake George from June sixteenth to December 
thirty-first, both inclusive. Bullheads may be taken 
from Lake George from July first to December 
thirty-first, both inclusive. Black bass may be 
taken in Lake George and Schroon lake from 
August first to December fifteenth, both inclusive. 
Black bass may be taken in the town of Horicon and 
in Trout lake in the town of Bolton from July 
eleventh to December thirty-first, both inclusive. 
Perch may be taken through the ice by angling in 
Lake George. In Glen lake and tributaries, pick- 
erel, pike and perch may be taken from June six- 
teenth to October thirty-first, both inclusive, and 



The Forest, Fish and Game Law. ion 

black bass and bullheads from August first to Oc- 
tober thirty-first, both inclusive. Perch shall not be- 
taken from the waters in Saratoga county from Feb- 
ruary first to May first, both inclusive. None of the 
fish named in this section shall be taken at any 
other time than as above specified, nor shall they 
be taken by any other method than angling. (As 
am'd by chap. 657, Laws of 1910.) 

§ 155. Extension of close seasons. — There shall 
be the following extension of close seasons: 

1. Fall creek, Ithaca. — There shall be no open 
season for fish in that part of Fall creek between 
Lake street bridge in the city of Ithaca and Ithaca 
falls including the pool at the foot of the falls. 

2. Silver lake. — Fish shall not be taken in the 
waters of Silver lake, Wyoming county, or the 
marshes adjoining said lake during the months of 
March and April. Great northern pike and pickerel 
less than fifteen inches in length and wall-eyed pike 
and yellow pike less than twelve inches in length 
shall not be taken in the waters of Silver lake. 

3. Saint Lawrence river. — Pickerel less than 
twenty inches in length shall not be taken in the 
Saint Lawrence river, and not more than twelve 
by one person in one day. 

4. Oil creek reservoir. — Fish shall not be taken 
from the waters of Oil creek reservoir, in the county 
of Allegany, or from its tributaries within one mile 
thereof, from the first day of March to the fifteenth 
day of May, both inclusive. The open season for 
black and Oswego bass in such reservoir and its 
tributaries within one mile thereof, shall be from 
June sixteenth to December thirty-first, both in- 
clusive. 



102 The Forest, Fish and Game Law. 

§ 156. Non-resident fish license.— On fresh 
water forming a part of the state boundaries or 
through which the state boundary runs, no nonresi- 
dent of the state shall take any kind of fish in that 
part thereof within this state unless residents of this 
state may lawfully take the same kind of fish in 
■such part of said waters as are not within the state, 
during the open season therefor in the state or 
county in which such waters are situated. If any 
license fee to take such fish in waters not in this 
state be required of a resident of this state a non- 
resident may take the same kind of fish in such 
waters within the state, if a license so to do shall 
have been first obtained from the commissioner. 
Nor shall any nonresident take fish by spearing in 
this state except on a like license, if there is any 
discrimination by requiring a license or otherwise 
in the state or country where such nonresident re- 
sides against residents of New York in taking fish 
in such state or country. 

§ 157. Dutchess and Sullivan counties. — 

Suckers may be taken with nets through the ice 
in Crumelbow creek in the towns of Hyde Park 
and Clinton, Dutchess county, and by hooking 
through the ice from the waters in Sullivan 
county. (As am'd by chap. 655, Laws of 1910.) 

§ 158. Fish not to be taken by set lines, tip-ups 
or spearing in Young's lake and * Weavers' lake 
in Herkimer county. — Until the first day of June, 
nineteen hundred and eleven, no fish shall be taken 
in Young's lake or *Weavers' lake in the town of 
Warren, in Herkimer county, by means of set lines 

*So in original. 



The Forest, Fish and Game Law. 103 

or tip-ups, nor until said first day of June, nineteen 
hundred and eleven, shall any fish excepting suckers 
be taken with spears in said lakes. 

§ 159. Transportation of fish from the province 

of Quebec. — No transportation company, cor- 
poration, association or person shall transport into 
this state, or possess, any fish caught in that portion 
of Lake Champlain or its tributaries known as Mis- 
sisquoi bay, lying and being in the province of 
Quebec, or the Richelieu river, which is the out- 
let of said lake, at any time. Any transportation 
company, corporation, association or person violat- 
ing the provisions of this section is guilty of a mis- 
demeanor, and liable to a penalty of sixty dollars 
and ten dollars for each fish transported in viola- 
tion of the provisions of this section. The forest, 
fish and game commission is hereby authorized to 
seize and confiscate all fish coming into this state 
from the points herein referred to, and it shall be 
the duty of every game protector and peace officer 
to seize wherever found fish shipped in violation *in 
this section and report the same to said commis- 
sion who shall authorize the sale of said fish, the 
proceeds thereof after paying the expenses incurred 
to be turned into the state treasury. 

§ 160. Penalties. — A person who violates any 
of the provisions of this article is guilty of a mis- 
demeanor, and in addition thereto is liable as fol- 
lows : For each violation of section one hundred 
and fourteen in relation to placing fish in the Adi- 
rondacks, a penalty of five hundred dollars; for 
every other violation of said article a penalty of 

*So in original. 



104 The Forest, Fish and Game Law. 

sixty dollars and an additional penalty of ten dol- 
lars for each fish taken or possessed in violation 
thereof. 

ARTICLE X. 

Fishways. 

Section 161. Notice of construction of dam. 

162. Fishways ordered. 

163. Fishways in Saint Lawrence and Frank- 

lin counties. 

164. Close season established in towns. 

165. Power to take fish. 

165-a. Power to purchase *fish roe or fish 
eggs. 

166. Penalties. 

§ 161. Notice of construction of dam. — Before 
the construction of a dam is commenced on any 
stream more than six miles long inhabited by fish 
protected by this chapter, the plan thereof and a 
statement of the name, length and location of the 
stream shall be given to the commissioner by the 
person, or if by public authority, by the official di- 
recting or permitting the work. 

§ 162. Fishways ordered. — The commissioner 
may by an order entered in his minutes and served 
by copy on any person or official direct the con- 
struction of fishways in proper form in any dam, 
or if there be fishways, such changes therein as will 
make them efficient. Any person or official receiv- 
ing such an order may on notice to the commis- 
sioner, apply to be relieved therefrom to the su- 

*So in original. See § 165-3, page 106. 



The Forest, Fish and Game Law. 105 

preme court, which shall have power to affirm, re- 
verse or modify the same as justice requires. 

§ 163. Fishways in Saint Lawrence and Frank- 
lin counties. — No person shall maintain on a 
river in Saint Lawrence or Franklin counties, ex- 
cept the Oswegatchie above the natural dam at Gou- 
verneur, a dam without a slide, apron, Watergate or 
other passage sufficient to permit the passage of 
such fish as enter the mouth of the river on which 
the dam is located. And no such slide, apron, 
waste-gate or other passage shall be closed or 
obstructed after the ice goes out in the spring and 
before June first, except so far as necessary to 
supply water to mills dependent on such dam. A 
person who violates any provision of this section 
is liable to a penalty of five dollars for every day 
such violation continues. 

§ 164. Close season established in towns. — The 

commissioner may on the request of a majority of 
the town board of any town in which fish have been 
or shall be placed at the expense of the state, pro- 
hibit or regulate the taking of fish from inland 
waters therein, for not exceeding five years, from 
the first of May next after such fish have been 
furnished. At least thirty days before such pro- 
hibition or regulation shall take effect, a copy of 
the same shall be filed in the office of the clerk 
of the town to which the prohibition or regulation 
applies, and printed copies thereof at least one foot 
square shall be posted along the shores of the 
waters affected, not more than fifty rods apart. 
Whoever shall violate or attempt to violate any 
such prohibition or regulation is guilty of a mis- 
demeanor, and in addition thereto shall be liable to 



io6 The Forest, Fish and Game Law. 

a penalty of sixty dollars for each violation and 
an additional penalty of five dollars for each fish 
taken or possessed in violation of this section. 

§ 165. Power to take fish. — The commissioner 
may take fish with nets at such times and in such 
manner as he may deem proper for the artificial 
propagation of fish. The commission may also re- 
move or cause to be removed from public waters 
fish which hinder or prevent the propagation of 
game or food fish. Such removal shall be effected 
by such means and under such regulations as the 
commissioner may provide. Moneys realized from 
fish so removed may be used by the commissioner in 
continuing the work of removal. Any person not 
in charge of a state net who shall handle or take 
fish while confined therein, or shall fish within one 
hundred feet of any leader or net in use by the 
state shall be guilty of a misdemeanor. 

§ 165-a. Power to purchase roe or fish eggs. — 

The forest, fish and game commissioner may pur- 
chase from private individuals, or corporations, fish 
roe or fish eggs, giving in exchange or in considera- 
tion therefor, a percentage of the young fish 
hatched or produced at any of the fish hatcheries 
of the state from the eggs so purchased; and the 
placing of such young fish in waters on lands of 
such individuals or corporations shall not be deemed 
a stocking of such lands and waters thereon with 
fish by the state, or fish from state hatcheries. 

§ 166. Penalties. — In case of the failure, refusal 
or neglect of any person owning or maintaining a 
dam, to comply with the order of the commissioner 
to build, repair or change any fishway, or if re- 



The Forest, Fish and Game Lazv. 107 

viewed by the court, the final order relating thereto, 
the commissioner may build, repair or change the 
same in accordance with the terms of the order, 
and in the name of the people, recover of such per- 
son the expenses of such construction, repairs or 
changes, and the same shall be a lien on the 
premises upon which the dam is located. Such per- 
son shall also be liable to a penalty of ten dollars 
a day for each day such dam shall be used or 
maintained in violation of the order, which may be 
recovered in the same or a separate action. 

ARTICLE XI. 

Long Island. 

Section 167. Application of article. 

168. Deer; dogs. 

169. Squirrels, hares and rabbits. 

170. Wild fowl. 
170-a. (Repealed.) 

171. Manner of hunting. 

172. Meadow hens and other birds. 

173. Woodcock, grouse and quail. 

174. Plover and other birds. 

174-a. Robbins and Gardiners islands. 

175. Trout. 

176. Black bass; open season. 

177. Lake trout and rainbow trout; oper 

season. 

178. Jamaica bay and adjacent waters. 

179. Size of meshes in Coney island creek 

180. Supervisors of Queens, Nassau anc 

Suffolk counties. 

181. Jones inlet and adjacent waters 

182. Penalties. 



108 The Forest, Fish and Game Law. 

§ 167. Application of article. — This article ap- 
plies only to the counties of Kings, Queens, Nassau 
and Suffolk, and to Long Island sound, except that 
portion of said territory embraced in the greater 
city of New York, and shall be construed with the 
general provisions of this chapter relating to fish 
and game. In case of conflict the provisions of this 
article shall be substituted for the general provisions 
so far as it affects the territory herein named; but 
such parts of the general provisions as are not 
necessarily superseded shall apply. 

§ 168. Deer. — There shall be no open season for 
deer for the period of three years from the time 
that this section, as hereby amended, takes effect 
Deer or venison taken outside of the territory 
herein described may be possessed within the* 
four counties herein named at all times when it is 
lawful under the general law to possess the same. 
The burden of proof shall be on the possessor 
thereof to show that the same was lawfully killed 
within the state or was killed without the state. 
(As am'd by chap. 657, Laws of 1910.) 

§ 169. Squirrels, hares and rabbits. — The open 
season for black and gray squirrels, hares and rab- 
bits shall be from November first to Decembei 
thirty-first, both inclusive. They shall not be taken 
or possessed at any other time. 

§ 170. Wild fowl. — The open season for ducks. 
geese, brant and swan shall be from October first tc 
January tenth, both inclusive, and may be possessed 
from October first to January fifteenth, both inclu- 
sive. They shall not be taken in the night between 



The Forest, Fish and Game Law. 109 

sunset and sunrise. They shall not be taken or pos- 
sessed at any other time. (As am'd by chap. 657, 
Laws of 1910.) 

§ 170-a. (Repealed by chap. 657, Laws of 1910.) 

§ 171. Manner of hunting. — Ducks, geese, brant 
and swan may be taken by aid of any floating de- 
vice other than sailboats or power boats, at any dis- 
tance from shore in Long Island sound, in Shinne- 
cock, Gardiner and Peconic bays and except from 
September thirtieth to October nineteenth, both in- 
clusive, in Great South bay west of Smith's point. 
Sailboats may be used in Long Island sound, Gar- 
diner and Peconic bays. 

§ 172. Meadow hens and other birds. — The 

open season for .meadow hens, mud hens and gal- 
linule shall be from August sixteenth to December 
thirty-first, both inclusive. They shall not be taken 
or possessed at any other time. 

§ 173. Woodcock, grouse and quail. — The open 
season for woodcock, grouse and quail shall be 
from November first to December thirty-first, both 
inclusive. Such birds shall not be taken or possessed 
in their close season. 

§ 174. Plover and other birds. — The open sea- 
son for plover, curlew, jacksnipe, wilsons, commonly 
known as English snipe, yellow legs, kildeer, willett 
snipe, surf snipe, winter snipe, ringnecks and oxeyes 
shall be from July sixteenth to December thirty-first, 
both inclusive. They shall not be taken or possessed 
at any other time. 



no The Forest, Fish and Game Law. 

§ 174-a. Robbins and Gardiners islands. — Quail 
and English pheasants may be taken on Robbins 
island as long as it remains the property of the 
Robbins Island Club, and on Gardiners island from 
October fifteenth to January thirty-first, both in- 
clusive. Woodcock may be taken on these islands 
from November first to December thirty-first, both 
inclusive. (As am'd by chap. 656, Laws of 1910.) 

§ 175. Trout. — The open season for trout shall 
be from the last Friday in March to August thirtieth, 
both inclusive. Trout taken lawfully may be sold 
or possessed in the city of New York in the open 
season established by this section. They shall not 
be taken or possessed at any other time. 

§ 176. Black bass; open season.— The open sea- 
son for black bass shall be from May thirtieth to De- 
cember thirty-first, both inclusive. They shall not 
be taken or possessed at any other time. 

§ 177. Lake trout and rainbow trout; open sea- 
son. — The open season for lake trout and rain- 
bow trout shall be from April first to September 
thirtieth, both inclusive. They shall not be taken 
or possessed at any other time. 

§ 178. Jamaica bay and adjacent waters. — Ex- 
cept as herein provided, fish shall not be taken, nor 
shall any attempt be made to take the same, by any 
device other than angling, in the arm of the sea 
between Rockaway point and Coney island or any 
waters northerly of a line drawn from the extreme 
westerly point of Rockaway point on the south side 



The Forest, Fish and Game Law. in 

to the centennial tower on Coney island including 
Jamaica, Flatlands, Grassy and Sheepshead bays and 
all other bays and inlets in or making out from 
said arm of the sea. The inlets from the ocean to 
said bays shall not be obstructed by any device so 
as to prevent the passage of fish at any time, 
provided that nets may be used from October tenth 
to December thirty-first in that part of said waters 
lying southerly of Barren island and toward the sea 
from a line drawn from the most southerly point of 
Barren island to the northeasterly point of Rock- 
away point and a line drawn from the most westerly 
point on Barren island to the most easterly point of 
Coney island. Refuse and debris may be taken with 
nets having meshes with not less than a six-inch bar. 
Minnows or shrimp for bait may be taken by hand 
nets not more than forty feet long and four feet 
deep. No other nets shall be used in said waters, 
and should such other nets be placed in said waters 
it shall be presumptive evidence of an unlawful use. 
Angling shall always be lawful. Eels may be taken 
with a spear or eel weir. 

§ 179. Size of meshes in Coney island creek. — 

Meshes of nets used in Coney island creek, or 
within one-half mile of the mouth thereof in Graves- 
end bay, shall not be less than four inches square. 
Eel and flounder hoop nets may be used from Oc- 
tober fifteenth to March thirty-first, both inclusive, 
provided there be in said creek at low tide a pas- 
sage unobstructed by nets not less than ten feet 
wide for the passage of boats and fish, and provided 
that all stakes used in connection with said nets 
shall show plainly above the water at high tide. 



H2 The Forest, Fish and Game Law. 

§ 1 80. Supervisors of Queens, Nassau and Suf- 
folk counties. — The board of supervisors of the 
counties of Queens, Nassau and Suffolk may re- 
spectively pass laws regulating and controlling the 
taking of fish, and shellfish in arms of the sea and 
fish bait from public lands of such counties, and 
prescribe what violation thereof shall be punishable 
as misdemeanors and impose penalties, the same to 
be enforced under the provisions of article three of 
this chapter. 

§ 181. Jones inlet and adjacent waters. — Nets 
shall not be used in Jones inlet inside of the first 
spar buoy, or inside of a line drawn three-quarters 
of a mile easterly and westerly from said buoy, or 
in any of the following creeks, runs or water run- 
ning into, or tributary to Jones inlet, namely, Long 
creek below the sharp point of the marsh ; Sea Dog 
creek below a line drawn northerly and southerly 
from the easterly end of Elder island; Shell creek 
below the point of the gunning lead ; Swift creek 
below the upper point of Swift creek on the easterly 
side thereof; in Haunt's creek below a line drawn 
from the upper side of Haunt's creek point and Old 
Ben's point. This section shall not apply to nets 
used only for taking lobsters or crabs ; or hand 
nets not more than forty feet long and four feet 
deep to take minnows, killies, spearing, or shrimp 
-for bait. 

§ 182. Penalties. — A person who violates any 
provision of this article is guilty of a misdemeanor 
and in addition thereto shall be liable to the follow- 
ing penalty for violation thereof: For each deer 
or part of deer taken or possessed in violation 



The Forest, Fish and Game Law. 113 

thereof, one hundred dollars ; for each bird taken 
or possessed in violation thereof, twenty-five dol- 
lars ; for each squirrel, hare or rabbit taken or 
possessed in violation thereof, ten dollars, and for 
each fish taken or possessed in violation thereof, 
the sum of ten dollars; for every other violation 
thereof, sixty dollars. 

ARTICLE XII. 
Bureau of Marine Fisheries. 

Section 183. Definitions. 

184. Superintendent of marine fisheries. 

185. Transfer of records, books, papers, and 

other property; former appropria- 
tions. 

186. Office and clerical force. 

187. Duties of superintendent. 

188. Reports of superintendent. 

189. Fisheries protectors. 

190. Protectors to give bonds. 

191. Compensation of fisheries protectors. 

192. Special fisheries protectors. 

193. Sheriffs and constables. 

194. Nets to be destroyed by fisheries pro- 

tectors. 
105. Leases for cultivation of shellfish. 

196. Limitation of last section. 

197. To collect rents. 

193. Disputes as to shellfish leases settled. 

199. Close season for oysters in Harlem 

river. 

200. Replanting Hudson river oysters. 

201. *Takings oysters in South bay. 

*So in original. 



H4 The Forest, Fish and Game Law. 

Section 201-a. Blue point oysters. 

202. Oyster beds protected. 

203. Dredging and raking for shellfish. 

204. Clams and oysters about Staten Island. 

205. Sale of lobsters under certain size pro- 

hibited. 

206. Residents only may take shellfish. 

207. Polluting waters. 

208. Garbage not to be thrown in Long 

Island sound. 

209. Penalties. 

210. Statements of property, penalty; assess- 

ment of tax. 

211. Levy and payment of tax. 

212. Collection of tax. 

213. Inspection of oyster beds. 

214. Duties of state commissioner of health. 

215. Sale prohibited unless sanitary condi- 

tion be certified. 

216. Actions for penalties by the people. 

217. Proceeds of actions by the people. 

218. Actions by private persons or societies. 

219. Judgments; how enforced. 

220. Criminal jurisdiction of courts. 

221. Search warrants; when issued. 

222. Punishment for misdemeanor. 

223. Witnesses not excused from testifying. 

224. Recording and fees. 

225. Licenses for vessels. 

§ 183. Definitions. — The following words and 
phrases used in this article are defined as follows : 

I. " Marine fisheries " include all salt water fish- 
eries, shell fisheries and fisheries within the tidal 






The Forest, Fish and Game Law. 115 

waters of the state, except in the Hudson river above 
the city of Newburgh. " Taking " includes pursu- 
ing, killing, capturing, trapping, snaring and net- 
ting fish and all lesser acts such as disturbing, 
harrying or worrying, or placing, setting, drawing or 
using any net or other device commonly used to 
take fish whether they result in taking or not; and 
includes every attempt to take and every act of 
assistance to every other person in taking or at- 
tempting to take fish. A person who counsels, aids 
or assists in the violation of any of the provisions 
of the marine fisheries law, or knowingly shares in 
any of the proceeds of said violation, shall be deemed 
to nave incurred the penalties provided in this chap- 
ter against the person guilty of such violation. 
Whenever taking is allowed by law, reference is 
had to taking by lawful means and in lawful manner. 

2. " Person," includes a copartnership, joint-stock 
company or corporation. 

3. Gender and number shall be disregarded in 
construing this article and article thirteen of this 
chapter whenever it is necessary to carry out the 
spirit thereof. 

4. " Superintendent " is synonymous with " super- 
intendent of marine fisheries." 

5. The office of superintendent shall be at the 
office of the commissioner, for which provision is 
made in section one hundred eighty-six of this 
chapter. 

§ 184. Superintendent of marine fisheries. — 

There shall be, in the department of forest, fish and 
game, a bureau of marine fisheries. There shall be 
a superintendent of marine fisheries who appointed 
by and under the direction and supervision of the 



u6 The Forest, Fish and Game Law. 

forest, fish and game commissioner, shall have 
charge of the bureau of marine fisheries. The 
superintendent of shell fisheries now in office shall 
bz continued in office as superintendent of marine 
fisheries during the pleasure of the commissioner, 
and as such shall perform the duties and have the 
powers herein prescribed. He shall receive an an- 
nual salary of three thousand dollars, payable 
monthly, and the expenses necessarily incurred by 
him in the discharge of his official duties. The 
forest, fish and game commissioner shall appoint a 
deputy superintendent who shall receive an annual 
salary of two thousand dollars, payable monthly, 
and the expenses necessarily incurred by him in the 
discharge of his official duties not to exceed seven 
hundred dollars. He shall take and subscribe the 
constitutional oath of office. During the absence 
or inability to act of the superintendent, the deputy 
superintendent shall have and exercise all the 
powers of the superintendent. He may be removed 
by the commissioner who may in like manner ap- 
point his successor. The superintendent and deputy 
superintendent shall each execute and file a bond 
to the people of the state in the sum of five thou- 
sand dollars with sureties to be approved by the 
commissioner, conditioned for the faithful perform- 
ance of his duties and to account for and pay over 
pursuant to law, all moneys received by him in his 
office. (As am'd by chap. 240, Laws of 1909.) 

§ 185. Transfer of records, books, papers, 
and other property; former appropriations. — A\\ 
records, books, papers, office furniture and supplies 
of the shell fisheries office of the forest, fish and 
game commission shall be transferred to the super- 



The Forest, Fish and Game Law. 117 

intendent of marine fisheries, and any and all un- 
expended balance of money appropriated for use in 
the shellfish office of the forest, fish and game com- 
mission, and for the purpose of making surveys 
and maps, and for the erection of signals and monu- 
ments, and for paying the rent and expenses of the 
shellfish office, and for the salaries and traveling 
expenses of officials connected with the shellfish 
office shall be and become available in and through 
the bureau of marine fisheries for the purposes for 
which said sums were originally appropriated, and 
said sums shall be paid out by the state treasurer 
upon the audit of the superintendent of marine fish- 
eries and approval of the commissioner. 

§ 186. Office and clerical force. — The commis- 
sioner shall lease an office in the borough of Man- 
hattan, or in the borough of Brooklyn, for the sale 
or lease of lands under water, and for the conduct 
of the business of the department, as provided by 
law. He may appoint for the bureau of marine 
fisheries a secretary who shall have a salary of eigh- 
teen hundred dollars a year, an engineer who shall 
have a salary of two thousand dollars a year and 
the expenses necessarily incurred by him in the dis- 
charge of his official duties not to exceed seven 
hundred dollars a year, a stenographer and such 
other clerical assistants as are actually needed for 
which appropriation shall have been made by the 
legislature. The officers and employees of the shell 
fisheries bureau, of the forest, fish and game com- 
mission, now in office may be continued in office 
under the superintendent of marine fisheries until 
removed as provided by law. 



n8 The Forest, Fish and Game Law. 

§ 187. Duties of superintendent. — The superin- 
tendent under the supervision and direction of the 
forest, fish and game commissioner, shall have charge 
of the enforcement of laws for the protection of 
salt water and migratory fish; of lands under water 
which have been or shall be designated, surveyed 
and mapped out pursuant to law as oyster beds, and 
such other powers and duties as are or may be im- 
posed upon him by law. 

§ 188. Reports of superintendent. — The super- 
intendent shall, on or before the fifth day of each 
month, make a report to the forest, fish and game 
commissioner, of his proceedings for the preceding 
calendar month. He shall include in such report a 
detailed statement of his receipts and disbursements 
from all sources, together with a statement of such 
facts relating to the matters subject to his jurisdic- 
tion as the forest, fish and game commissioner shall 
prescribe. He shall also in like manner make an 
annual report to the commissioner for the year end- 
ing with the thirtieth day of September preceding. 
Such reports shall be made on forms prescribed and 
furnished by the game commissioner. 

§ 189. Fisheries protectors. — The forest, fish 
and game commissioner shall appoint three fisheries 
protectors who shall hold office during the pleasure 
of the commissioner. 

§ 190. Protectors to give bonds. — The pro- 
tectors shall give a bond to the people of the state 
in the sum of five hundred dollars conditioned for 
the faithful discharge of their duties, with sureties 
to be approved by the commissioner. 



The Forest, Fish and Game Law. 119 

§ 191. Compensation of fisheries protectors. — 

Each state fisheries protector shall receive thirteen 
hundred dollars a year and his actual and necessary 
traveling and incidental expenses while in the dis- 
charge of his official duties, not exceeding seven 
hundred and fifty dollars a year. Fisheries pro- 
tectors shall have all the powers and authority of 
game protectors under the forest, fish and game 
laws of the state. Each fisheries protector shall 
keep a daily record of his official acts, and at the 
close of each month make a report of the same to 
the commissioner. The salary and traveling ex- 
penses of a protector shall not be payable except 
upon the certificate of the commissioner, and after 
such protector has made the required report and 
properly performed his duties. 

§ 192. Special fisheries protectors. — The com- 
missioner may in his discretion appoint a person 
recommended by the superintendent of marine fish- 
eries as special fisheries protector. Such special 
fisheries protectors shall hold office during the pleas- 
ure of the commissioner, and shall have the same 
powers as fisheries protectors, but shall not receive 
any pay from the state. They shall receive moieties 
in the same manner as provided for special game 
protectors. They shall make reports in the same 
manner as fisheries protectors. 

§ 193. Sheriffs and constables. — Peace officers 
shall have the same powers as fisheries protectors 
under this chapter. 

§ 194. Nets to be destroyed by fisheries pro- 
tectors. — Nets, pounds, or other devices unlaw- 



120 The Forest, Fish and Game Law. 

fully had, set or used in or upon any of the salt 
or tidal waters of this state, for the purpose of tak- 
ing fish in violation of this chapter, are hereby de- 
clared to be public nuisances and may be summarily 
destroyed and abated by any fisheries protector or 
private person. No action for damages shall be 
maintained for such seizure or destruction. 

Cultivation of Shellfish. 

§ 195. Leases for cultivation of shellfish. — The 
superintendent, under the direction and supervision 
of the forest, fish and game commissioner, may lease 
lands under water for the cultivation of shellfish 
to persons who have resided in the state one year 
or more; but oyster beds of natural growth shall 
not be leased unless the same have for five years 
failed to produce natural oysters in sufficient quan- 
tities to enable persons engaged in the planting 
and cultivation thereof to earn a livelihood by work- 
ing on such lands. Before a lease is made, notice 
thereof must be posted for at least three weeks in 
a conspicuous place in the office of the superin- 
tendent, in the office of the town clerk and in the 
post-office nearest to the lands applied for. The 
letting shall be at public auction to the highest bid- 
der, and the superintendent shall classify the lands 
applied for in accordance with their value and fix 
a minimum price at which the lease may be awarded, 
but such price shall in no case be less than twenty- 
five cents an acre annually, and for not more than 
fifteen years. Such leases may at the expiration of 
the terms thereof or upon the expiration of any re- 
newals thereof, be renewed for a term not to ex- 
ceed twenty-five years upon it being shown to the 






The Forest, Fish and Game Law. 121 

satisfaction of the superintendent that the lands 
described therein have in good faith been used for 
shellfish cultivation, continuously, during the original 
terms for which such lands were granted and dur- 
ing any *pervious renewal or renewals thereof. 
Holders of original leases shall have the first privi- 
lege of a renewal of said lease, upon the expiration 
of the term thereof, or before the expiration, in the 
discretion of the commissioner, at such terms as 
may be agreed upon between such lessee and the 
superintendent of shell fisheries. Upon the failure 
to agree on terms for the renewal of such lease, 
the holder of such original lease shall be allowed 
an extension of one year for the purpose of remov- 
ing from the ground so leased all shellfish belong- 
ing to him upon such ground, such extension being 
made at terms named in such original lease. Upon 
the expiration of such extension, and failure to 
agree upon terms for renewal of said lease, such 
holder must immediately surrender the ground here- 
tofore occupied by him, and the superintendent of 
shell fisheries may lease the land thereafter to any 
person according to the provisions of this article. 
Moneys received from such leases shall be paid 
forthwith to the state treasurer. Every person hold- 
ing a lease or franchise shall report annually to the 
superintendent, on blanks provided for that purpose, 
such information as the superintendent may deem 
necessary. A lessee shall immediately mark the 
grounds leased by stakes, buoys, or monuments, 
which shall be maintained by him, his successors 
or assigns during the continuance of the lease. 
Leases shall not be transferable in whole or in 

*So in original. 



122 The Forest, Fish and Game Law. 

part except to persons who might have been origin- 
ally lessees and subject to the approval of the 
commissioner. The superintendent may summarily 
oust from such lands tenants whose rent is in ar- 
rears, or who fail or refuse to report as herein 
provided, and thereupon the lease held by such de- 
linquent shall become null and void. 

§ 196. Limitation of last section. — The last sec- 
tion shall not be construed as limiting the power 
of the commissioners of the land office to grant land 
under water, but any grant of land actually occupied 
and in use for the cultivation of shellfish shall be 
subject to the right of the occupant to occupy and 
use such land for at least two years. Nor shall it 
apply to any of the excepted lands named in section 
two hundred of this chapter. 

§ 197. To collect rents. — The superintendent 
under the direction of the commissioner may in the 
name of the people of the state sue for, collect, com- 
promise, compound or satisfy rents which now are 
or may hereafter be in arrears on leases by the state 
of lands under water, for the cultivation of shellfish, 
and make such rebates thereon as in his judgment 
are just and equitable, provided the rental shall in 
no case be less than twenty-five cents an acre 
annually. In cases where a grantee or assignee of a 
grantee of lands for shellfish cultivation is de- 
sirous of surrendering such lands the superintend- 
ent, in his discretion, may, in case such person is 
not indebted to the bureau of marine fisheries for 
rentals or otherwise, receive an assignment of such 
lands to the state of New York and cause such as- 
signment to be recorded in his office. 



The Forest, Fish and Game Law. 123 

§ 198. Disputes as to shellfish leases settled. — 

The superintendent shall have jurisdiction to hear 
all controversies which have arisen or may arise 
in regard to the leasing of lands under water for 
the cultivation of shellfish and to determine the same 
upon just and equitable terms to be approved by 
the commissioner. 

Shellfish. 

§ 199. Close season for oysters in Harlem 
river. — Oysters shall not be taken in Harlem 
river from May thirty-first to September first, both 
inclusive. 

§ 200. Replanting Hudson river oysters. — 

Oysters shall not be taken from the Hudson river 
north of New York county for the purpose of re- 
planting without the state. 

§ 201. Taking oysters in South bay. — Oysters, 
spawn, or shells shall not be taken from South bay 
in Suffolk county from the public waters of this 
state from May thirty-first to September first, both 
inclusive; or taken between sunset and sunrise at 
any season. Oyster shells taken from the public 
waters of said bay in said county shall be returned 
to the water where taken within ten minutes after 
being taken. Blade or scraper tongs used to take 
shellfish shall not be used or possessed in waters of 
said bay in said county. This section is subject to 
the provisions of section one hundred eighty of this 
chapter. 

§ 201-a. Blue Point oysters. — No person, firm 
or corporation shall sell or offer for sale any 
oysters, or label or brand any package containing 



124 The Forest Fish and Game Law. 

oysters for shipment or sale, under the name of 
Blue Point oysters, other than oysters that have been 
planted and cultivated at least three months in the 
waters of Great South bay in Suffolk county. 

§ 202. Oyster beds protected. — Oysters or hard 
clams shall not be taken from half an hour after 
sunset until half an hour before sunrise except in 
the waters in the Kill von Kull, Jamaica bay and 
the Arthur kill. No person shall take, carry away, 
interfere with or disturb oysters or clams of another 
lawfully planted or cultivated, or remove any stakes, 
buoys or boundary marks of a planted or cultivated 
bed. The possession of dredges, rakes or tongs 
overboard on any such beds shall be deemed prima 
facie evidence of a violation of this section. 

§ 203. Dredging and raking for shellfish. — 
Dredges for taking of shellfish from public or un- 
leased lands shall not be operated from any boat 
propelled otherwise than by sail or oars. 

§ 204. Clams and oysters about Staten Island. — 

Oysters and clams shall not be taken or disturbed 
between half an hour after sunset and half an hour 
before sunrise in the waters on the south side of 
Staten Island between a line extending due south 
from the point of the beach at Great kills, and a 
line extending due southwest from Ward's point in 
the town of Westfield. Devices other than rakes 
and tongs operated by hand only shall not be used in 
taking oysters or clams from natural growth oyster 
beds in Arthur kill or in Staten Island sound or in 
tributaries thereto, or had in possession overboard 
in such waters. 



The Forest, Fish and Game Law. 125 

§ 205. Sale of lobsters under certain size pro- 
hibited. — Lobsters less than nine inches in length 
measured from one extremity to the other, exclusive 
of claws or feelers, shall not be taken, possessed or 
sold. 

§ 206. Residents only may take shellfish. — No 
person who has not been an actual resident of this 
state for six months immediately prior to the time 
of engaging in the taking of shellfish, shall take shell- 
fish from the public lands in the waters of this state. 
Nothing in this section shall apply to a person who 
may be employed as deck hand, engineer or fireman 
on a boat whose captain and owner may be a lawful 
resident, except that in the public waters of the 
state lying to the north and east of a line drawn 
from Gardiner's point to Orient point and thence 
extended in the same direction until it intersects 
with the state boundary line between New York and 
Connecticut, licenses to take lobsters may be issued 
to nonresidents upon payment of the following 
fees : For boats of ten or more tons measurement, 
thirty-five dollars ; for boats of five to ten tons 
measurement, twenty-five dollars ; for all other boats, 
twenty dollars, except that for boats carrying one 
man only the license fee shall be fifteen dollars. 
Such boats, when so licensed, shall carry displayed 
upon them the license number, of such size and 
placed in such position upon the boat or rigging as 
may be prescribed by the commissioner. Such 
licenses shall not be transferable and shall be con- 
ditioned that the holders shall observe the fisheries 
laws of this state and shall at any time and without 
delay permit protectors and peace officers of this 
state to board such boats and inspect the cargoes or 



120 The Forest, Fish and Game Law. 

contents. All such licenses shall expire upon the 
thirty-first day of December following the date of 
issue, and any license may be revoked at any time 
at the pleasure of the commissioner. 

§ 207. Polluting waters.— Sludge, acid or refuse 
from oil works or sugar houses, or buildings con- 
nected therewith, except refuse from the manufac- 
ture of oil from menhaden or other fish, sewage, or 
any substance injurious to oyster culture, shall not 
be placed or allowed to run into waters in the 
vicinity of oyster beds, and upon it appearing to 
the satisfaction of the superintendent of marine 
fisheries that oyster beds have become polluted from 
one or more of these causes it shall be his duty 
to cause complaint to be made in a criminal 
action against the person or persons so offending, 
and such person or persons so offending shall also 
be liable in damages to persons injured. 

§ 208. Garbage not to be thrown in Long 
Island sound. — Garbage, cinders, ashes or refuse 
of any kind shall not be thrown from any vessel 
into Long Island sound or any bay or harbor opening 
into the same within two miles of the shore west 
of a line drawn from Old Field point due north to 
the boundary line between New York and Con- 
necticut. Starfish shall not be thrown into the 
waters of the state. 

§ 209. Penalties. — A person who violates any 
provision of sections one hundred and ninety-nine 
to two hundred and eight inclusive is guilty of a 
misdemeanor, and is liable as follows : For each vio- 
lation of section two hundred and five to a penalty 



The Forest, Fish and Game Law. 127 

of sixty dollars, and to an additional penalty of ten 
dollars for each lobster taken or possessed in vio- 
lation thereof; for every other violation of said 
sections one hundred and ninety-nine to two hun- 
dred and eight, inclusive, to a penalty of one hun- 
dred dollars. 

Local Provisions. 

§ 210. Statements of property, penalty; assess- 
ment of tax. — All owners, lessees or persons in 
possession of shellfish grounds, within the state of 
New York, shall on or before the thirtieth day of 
September, annually deliver to the forest, fish and 
game commissioner, at the office of the superintend- 
ent of marine fisheries, a statement under oath 
specifying the number of acres of shellfish grounds 
owned, leased or used by them on the first day of 
August preceding, and the location, description and 
value thereof, and whether held under grant, lease 
or otherwise, and printed blanks for each statement 
shall be prepared by said commissioner and furnished 
upon application at his said office. In case of the 
failure of any such person to deliver such statement 
to said commissioner at his office within the time 
above specified, or, if any statement so delivered to 
him shall erroneously state the number of acres 
subject to the tax hereinafter imposed, said commis- 
sioner shall make up a statement from the best in- 
formation he may obtain, and shall add for such 
default to the tax hereinafter provided, twenty per 
centum of the amount of such tax. The said com- 
missioner shall annually make up and keep a book in 
his office to be known as the assessment book, in 
which he shall set down alphabetically the names and 
addresses of the owners, lessees or persons in pos- 



128 The Forest, Fish and Game Law. 

session of all shellfish grounds within the state, the 
number of acres held or possessed by them and the 
location thereof as shown by the statements afore- 
said, the amount of the tax payable thereon as here- 
inafter provided, and any penalty thereon; such 
assessment book shall also contain columns for the 
date* of payment of such tax and the amount of tax 
and penalty paid. 

§ 211. Levy and payment of tax. — For the 

benefit of the state and for the protection and foster- 
ing of the marine fisheries thereof, and the main- 
tenance of an efficient bureau of marine fisheries, 
an annual tax at the rate of twenty-five cents per 
acre shall be levied and assessed upon each and every 
acre of shellfish ground located within this state 
owned, leased or possessed by any person what- 
soever. The said commissioner shall annually, and 
before the first day of February, levy and assess the 
said tax upon the property described in the state- 
ment made as aforesaid, setting forth the amount 
thereof, and any penalty added thereto, in the assess- 
ment book as provided in the last section, and shall 
thereupon serve notice on all persons whose lands 
are so assessed, and on which a tax is levied here- 
under, which notice shall be in writing and may be 
served personally or by writing the same to the last 
known post-office address of such person, staging 
that such tax roll has been completed and is on file 
in his office, the number of acres so assessed and the 
amount of the tax thereon, the penalties incurred, if 
any, and that on a day therein stated, which shall be 
not less than five days from the date of such notice, 
he will have the complaint of all persons declaring 
themselves aggrieved thereby, and on such hearing 



The Forest, Fish and Game Law. 129 

sections thirty-six and thirty-seven of the tax law- 
shall apply so far as the same are applicable and 
such assessment may be reviewed by certiorari in the 
manner provided in the tax law for the review of 
erroneous or illegal assessments. Such tax shall be 
paid to the said commissioner at his said office 
within sixty days after the first day of February in 
each year, and he shall give a proper receipt there- 
for, and immediately enter such payment upon the 
assessment book with the date of payment. Such 
tax, and any penalty thereon, shall be a lien upon all 
the property subject thereto, including the shellfish 
thereon from the first day of February of the year 
in which such tax is laid. The tax hereby imposed 
shall be in lieu of all other taxes on such property, 
and no other tax shall be levied or imposed on said 
shellfish groundr, or the shellfish thereon, by any 
authority whatever. Sections two hundred and ten, 
two hundred and eleven and two hundred and 
twelve do not apply to or affect lands under water, 
held and in possession under colonial patents, or 
legislative grants, by any town or person in the 
counties of Kings, Queens, Suffolk, Nassau, or Rich- 
mond, or to lands under the waters of Gardiners and 
Peconic bays, ceded by the state to the county of 
Suffolk pursuant to chapter three hundred and 
eighty-five of the laws of eighteen hundred and 
eighty-four as amended by chapter six hundred and 
forty of laws of nineteen hundred and six, except 
that said lands shall not be exempt from sanitary 
inspection under this chapter. 

§ 212. Collection of tax. — If any tax so laid 
shall not be paid on or before the first day of 
April the said commissioner shall make and issue 



130 The Forest, Fish and Game Law. 

his warrant for the collection thereof, with interest 
thereon, at one per centum per month from the day 
such tax became due and payable and until paid, 
which warrant shall be delivered to the sheriff of 
the county within whose jurisdiction the lands are 
situated, directing such sheriff to collect such tax, 
together with the penalties and interest, if any, due 
thereon, together with his fees for making such col- 
lection, and such sheriff is hereby authorized, em- 
powered and required in default of such payment to 
sell the property described in such warrant in the 
manner provided by law for a sale under execution, 
and to deliver to the purchaser thereof a proper deed 
or assignment, as the case may be, and such warrant 
shall immediately be returned to said commissioner 
by said sheriff with all his proceedings indorsed 
thereon, and he shall pay over to the said commis- 
sioner the money received upon such sale and said 
commissioner shall apply the same to the payment 
of such tax and all interest and expenses thereon, in- 
cluding the expenses of such sale, returning any bal- 
ance that may remain to such owner or owners. All 
moneys received by said commissioner in payment of 
taxes and interest thereon shall be accounted for 
and paid by said commissioner to the state treas- 
urer, for the benefit of the state, within thirty days 
after its receipt. 

Sanitary Inspection. 
§ 213. Inspection of oyster beds. — It shall be 
the duty of the superintendent of marine fisheries 
annually, or oftener should he deem it necessary to 
inspect or cause to be inspected the various oyster 
beds and other places within the state from which 
ovsters and other shellfish are taken to be marketed 



The Forest, Fish and Game Law. 131 

and sold for consumption, with a view of ascertain- 
ing the sanitary conditions of such oyster beds and 
other places, and the fitness of the oysters and other 
shellfish in such places, or which are taken there- 
from, for use as articles of food. 

§ 214. Duties of state commissioner of health. 

— For the purposes of making such inspection the 
superintendent of marine fisheries may request the 
state commissioner of health to designate and assign, 
and it shall be the duty of the state commissioner 
of health upon such application to designate and as- 
sign, a sanitary inspector who shall, under the direc- 
tion of the superintendent of marine fisheries, visit 
such oyster beds and places and examine them and 
the oysters found thereon or therein, and immedi- 
ately report to the superintendent of marine fisheries 
the result of such examination. The superintendent 
of marine fisheries shall keep or cause to be kept an 
official record of such inspection, and shall, immedi- 
ately thereafter, issue certificates, setting forth the 
result of such inspection, to the owners, lessees or 
proprietors of such oyster beds and places as shall 
be found to be in good sanitary condition, and the 
product of which shall be found to be fit for use as 
food. 

§ 215. Sale prohibited unless sanitary condition 
be certified. — After examination as to sanitary 
condition and report thereon any person who shall 
sell, cause to be sold, or expose for sale for con- 
sumption within this state, any oysters or other shell- 
fish taken from oyster beds or other places within 
the jurisdiction of, or forming a part of the state oi 
New York, which have not been so certified to be in 



152 The Forest, Fish and Game Law. 

good sanitary condition and the product of which 
has not been so certified to be fit for use as food 
shall be deemed guilty of a misdemeanor. It shall 
be the duty of the commissioner of marine fisheries 
to immediately furnish certificate of good sanitary 
condition on report of examination made. 

Prosecutions. 

§ 216. Actions for penalties by the people. — 

Actions for penalties under this article shall be in 
the name of the people of the state of New York ; 
and must be brought on the order of the commis- 
sioner or of the superintendent of marine fisheries, 
as the commissioner may direct. Special counsel 
may be employed and their compensation fixed by 
the commissioner. Such actions may be discontinued 
by order of the court on the application of the com- 
missioner or the superintendent upon such terms as 
the court may direct. Such actions, if in justices' 
courts, may be brought in any town of the county in 
which the penalty is incurred or in the county in 
which the defendant resides. 

§ 217. Proceeds of actions by the people- 
Moneys recovered in an action for a penalty, or upon 
the settlement or compromise thereof, and fines for 
violations of this article shall be paid to the forest, 
fish and game commissioner, who shall apply so 
much thereof as may be necessary to the payment oi 
the expenses of collection. 

§ 218. Actions by private persons or societies. 

— A private person, except the owner or lessee of 
premises upon which penalty is incurred, on giving 
security for costs to be approved by a judge of the 



The Forest, Fish and Game Law. 133 

court in which action is brought, and any society or 
corporation for the protection of fish, may recover 
in his or its name any penalty imposed by this 
article, and shall be entitled in case of collection 
to one-half of the recovery, less expenses, the bal- 
ance to be paid to the commissioner. Notice of the 
commencement of such an* taction shall be given to 
the commissioner or to the superintendent of marine 
fisheries within fifteen days after the service of the 
summons therein, and failure to give such notice 
shall be a defense to the action. If after the com- 
mencement thereof an action be brought for the 
same penalty in the name of the people, an order 
shall be entered on the application of the commis- 
sioner or of the superintendent for the discontinu- 
ance of such action without cost to either party. 
Motion papers in such an application shall be en- 
titled in both actions. 

§ 219. Judgments; how enforced. — Judgments 
recovered under this article may be enforced by 
execution against the person. A person imprisoned 
upon such an execution, as provided by section three 
thousand and thirty-two of the code of civil pro- 
cedure, shall not be admitted to the liberties of the 
jail and shall be confined for not less than one day, 
and at the rate of one day for each dollar recovered. 
No person shall be imprisoned more than once or 
for more than six months on the same judgment. 
Imprisonment shall not operate to satisfy a judg- 
ment. 

§ 220. Criminal jurisdiction of courts. — Courts 
of special sessions and police courts in towns and 
villages, and the several courts of special sessions 



134 The Forest, Fish and Game Law. 

and police courts in cities shall in the first instance 
have exclusive jurisdiction of offenses committed 
under this article, and the jurisdiction of said courts 
shall extend to all such offenses committed in the 
county where the court sits. A warrant shall be re- 
turnable before the magistrate issuing the same. 

§ 221. Search warrants; when issued. — Any 

justice of the peace, police justice, county judge, 
judge of a city court or magistrate having criminal 
jurisdiction shall, if it appear probable that fish 
taken or possessed contrary to the provisions of 
this article are concealed, issue a search warrant for 
the discovery thereof, according to the practice pro- 
vided in sections seven hundred and ninety-four to 
seven hundred and ninety-seven inclusive of the 
code of criminal procedure. 

§ 222. Punishment for misdemeanor. — A person 
convicted of a misdemeanor under this article shall, 
except as otherwise provided, be punished by a fine 
of not less than ten dollars or more than one hun- 
dred dollars; or by imprisonment in the county jail 
or penitentiary for not less than one day or more 
than one day for every dollar of such penalty, or by 
both such fine and imprisonment. 

§ 223. Witnesses not excused from testifying. — 
No person shall be excused from testifying in any 
civil or criminal action or proceeding taken or had 
under this article upon the ground that his testimony 
might tend to convict him of a crime. But no evi- 
dence derived from the examination of such person 
shall be received against him upon a criminal prose- 
cution. A person called for the people and so testi- 
fying shall not thereafter be liable to indictment or 



The Forest, Fish and Game Law. 135 

conviction for a violation or violations of this article 
respecting which he has so testified, and may plead 
or prove the giving of such testimony in bar of such 
an indictment or conviction. 

General Provisions. 

§ 224. Recording and fees. — All franchises, 
grants and leases of lands for shellfish culture, and 
assignments thereof, shall be recorded in the office 
of the superintendent of marine fisheries, and all 
records thereof, heretofore or hereafter made, in 
such office or in any public office, and copies of such 
records when duly certified by the officer having the 
custody thereof, shall be admitted in evidence in 
any action or proceeding, civil or criminal, in which 
they are material. Fees shall be paid to the state 
and collected by the superintendent of marine fish- 
eries as follows, to wit, for the filing of each appli- 
cation for a grant or lease of land under water, 
twenty-five cents; for recording each instrument 
of lease, grant or assignment, one dollar; for each 
license or certificate issued, one dollar; for each re- 
location survey seven dollars per day for the time 
occupied, together with the actual traveling expenses 
of the surveyor. Any person requiring an original 
01* relocation survey shall furnish a vessel at the 
place where such survey is to be made, and the 
necessary assistance to do the work, at his own ex- 
pense. (As am'd by chap. 240, Laws of 1909.) 

. § 225. Licenses for vessels. — There shall be a 
license fee of seventy-five dollars or less, in the dis- 
cretion of the commissioner, per annum for each 
steam vessel of fifty tons or over engaged in fishing 
with nets in the tidal waters of the state, for the 



136 The Forest, Fish and Game Law. 

purpose of making oil or fertilizer from the fish 
product taken. The owner or owners, lessee or 
lessees, or persons operating, running, managing or 
fishing with any such vessel, using the same in fish- 
ing with nets in the tidal waters of the state for the 
purpose of making oil or fertilizer from fish prod- 
ucts taken, who shall not before engaging in such 
business procure of the forest, fish and game depart- 
ment of the state such license as herein provided, 
shall be guilty of a misdemeanor and punishable by 
a fine of not less than three hundred dollars for 
each offense. No license shall be required from citi- 
zens of this state for the purpose of fishing for 
migratory food fish of the sea, but nonresidents of 
the state engaged in fishing with nets in the tidal 
waters of the state shall be required to pay a license 
fee of five dollars to the state for each vessel used 
in fishing with nets in such waters. Any person 
other than a resident of this state using any vessel 
for the purpose of taking fish with nets from the 
tidal waters of the state, or within three nautical 
miles of the coast line, without first having obtained 
from the commissioner of forest, fish and game the 
necessary license or licenses as herein provided, is 
guilty of a misdemeanor and shall be liable to a 
penalty of one hundred dollars, and to an additional 
penalty of twenty-five dollars for each vessel so 
used. It shall be unlawful for any person, corpora- 
tion, copartnership or firm to engage in taking food 
fish for the purpose of rendering the same into oil 
or fertilizer, and any such person, corporation, co- 
partnership or firm taking food fish for such pur- 
pose shall be guilty of a misdemeanor and punishable 
by a fine of not less than one hundred dollars for 
each offense. 



The Forest, Fish and Game Law. 137 

ARTICLE XIII. 
Definitions and Construction. 

Section 240. Definitions. 

241. Storage in close season. 

242. Construction. 

243. Repeal. 

244. Time of taking effect. 

§ 240. Definitions. — The following words and 
phrases used in this chapter are defined as follows : 

1. " Grouse " includes ruffed grouse, partridge and 
every member of the grouse family. 

2. "Trout" includes speckled trout, brown trout, 
rainbow trout, red-throat trout and brook trout. 

3. " Lake trout " for the purposes of this chapter 
includes landlocked salmon and ouananische. 

4. " Black bass " includes Oswego bass. 

5. " Pickerel " and " pike " for the purposes of 
this chapter includes wall-eyed pike or pike perch, 
blue pike, yellow pike, green pike, grass pike, sauger 
or sand pike, gray pike, and all other fish of the 
pike perch kind. 

6. "Angling " means taking fish by hook and line 
in hand or rod in hand ; or if from a boat not ex- 
ceeding two lines with or without rod to one person. 

7. " Taking " includes pursuing, shooting, hunting, 
killing, capturing, trapping, snaring and netting fish 
and game, and all lesser acts such as disturbing, 
harrying or worrying, or placing, setting, drawing or 
using any net or other device commonly used to 
take fish and game, whether they result in taking or 
not; and includes every attempt to take and every 
act of assistance to every other person in taking or 
attempting to take fish or game. A person who 



1,38 The Forest, Fish and Game Law. 

counsels, aids or assists in a violation of any of the 
provisions of the forest, fish and game law, or know- 
ingly shares in any of the proceeds of said violation 
by receiving or possessing either fish, birds, game or 
timber, shall be deemed to have incurred the penal- 
ties provided in this chapter against the person 
guilty of such violation. Whenever taking is al- 
lowed by law, reference is had to taking by lawful 
means and in lawful manner. 

8. " Person " includes a copartnership, joint-stock 
company or corporation. 

9. Where lands are referred to as " inclosed," the 
boundary may be indicated by wire, ditch, hedge, 
fence, road, highway, water or in any visible or dis- 
tinctive manner which indicates a separation from 
the surrounding contiguous territory. 

10. "Trespass" includes cutting, injuring, taking 
01 removing trees of any size of timber or other 
property of the state, or entering upon the lands of 
the state with intent to cut, injure, take or remove 
trees of any size or timber or other property of the 
state. 

11. "Pheasant" does not include the native ruffed 
grouse commonly termed partridge. 

\2. Gender and number shall be disregarded in 
construing this chapter whenever it is necessary to 
carry out the spirit thereof. 

13. Commission, commissioner, commissioners and 
beard of commissioners are synonymous with com- 
mission of forest, fish and game. 

14. " Open season " is the time during which fish, 
fowl, birds and quadrupeds may be taken. 

15. " Closed season " is the time during which 
fish, fowl, birds and quadrupeds cannot be taken. 



The Forest, Fish and Game Law. 139 

16. "Hooking" is defined to mean taking or at- 
tempting to take with hook fish not attracted by bait 
or artificial lure, by snatching with hooks, whether 
baited or unbaited, gangs or similar devices. 

17. Forest preserve counties are those counties in 
which the lands thereof, if acquired by the state, 
will become part of the forest preserve. 

18.* Plumage includes any part of the feathers, 
head, wings or tail of any bird, and wherever the 
word occurs in this chapter reference is had equally 
to plumage of birds coming from without the state 
as to that obtained within the state, but it shall not 
be construed to apply to the feathers of birds of 
paradise, ostriches, domestic fowl or domestic 
pigeons. (As am'd by chap. 474, Laws of 1909 and 
chap. 256, Laws of 19 10.) 

§ 241. Storage in close season. — Whenever in 
this chapter the possession of fish, or game, or the 
flesh of any animal, bird or fish, is prohibited, refer- 
ence is had equally to such fish, game or flesh com- 
ing from without the state as to that taken within 
the state. Provided, nevertheless, that if there be 
any open season therefor, any dealer therein, if he 
has given the bond herein provided for, may hold 
during the close season in a public storehouse to 
be designated by the commissioner such part of 
his stock as he has on hand undisposed of at the 
opening of such close season. Said bond shall be to 
the people of the state, conditioned that such dealer 
will not during the close season ensuing, sell, use, 
give away or otherwise dispose of any fish, game, or 
the flesh of any animal, bird, or fish which he is per- 

* Sub. 18 was added by chap. 256, Laws of 1910 and is not 
to take effect until July 1, 191 1. 



140 The Forest, Fish and Game Law. 

mitted to possess during the close season by this 
section ; that he will not in any way during the 
time when said bond is in force, violate any pro- 
visions of the forest, fish and game law; the bond 
may also contain such other provisions as to the in- 
spection of the fish and game possessed as the com- 
mission shall require, and shall be subject to the ap- 
proval of the commission as to amount and form 
thereof, and the sufficiency of sureties. But no pre- 
sumption that the possession of fish or game or the 
flesh of any animal, bird or fish is lawfully pos- 
sessed under the provisions of this section shall 
arise until it affirmatively appears that the provisions 
thereof have been complied with. 

§ 242. Construction. — This chapter is intended 
to be a restatement of existing law with such 
changes as clearly appear. The term of office of all 
the present subordinate employees of the forest, fish 
and game commission shall not be affected hereby, 
except as herein especially provided; and the term 
of office of the commissioner shall commence from 
and after April fourteenth, nineteen hundred eight. 
Nothing in this chapter shall be construed as amend- 
ing or repealing any provision of the criminal code 
or penal law. 

§ 243. Repeal. — Of the laws enumerated in the 
schedule hereto annexed, that portion specified in the 
last column is hereby repealed. 

§ 244. Time of taking effect. — This chapter 
shall take effect immediately. 



The Forest, Fish and Game Law. 141 

Schedule of Laws Repealed. 

Revised Statutes.. Part 1, chapter 20, title ii,..A11 

Revised Statutes.. Part 1, chapter 20, title i6 f . .All 

Laws of Chapter Section 

1785 3i All 

1786 39 Al! 

1788 27 All 

1788 71 All 

1788 82 All 

1789 36 All 

1791 9 All 

1795 53 All 

1798 69 All 

1800 74 All 

1801 78 20 

1801 127 All 

r8o3 97 All 

1803 106 16 

1804 73 All 

1807 100 All 

1807 140 All 

1807 146 1, 2 

i8oq 37 All 

1809 114 All 

1810 86 All 

1811 156 All 

1812 89 Ail 

1813 131 All 

R. L. 1813... 11 All 

R. L. 1813... 35 23 

R. L. 1813... 47 7, 8, 10 

R.L.1813... 62 All 

18:4 64 All 

1814 i-,6 All 



142 The Forest, Fish and Game Law. 

Laws of Chapter Section 

[814 214 All 

[815 76 All 

[815 238 All 

[816 135 All 

\i6 168 All 

[816 169 All 

[816 186 All 

[817 170 All 

[817 180 All 

[817 211 All 

[818 18 All 

[818 49. ....... All 

[818 89 All 

[818 123 All 

[818 125 All 

[818 177 All 

[818 252 At 

S19 58 All 

[819 81 All 

[819 140 All 

[819 146 All 

[819 148 All 

[819 165 All 

[819 208 All 

1820 20 All 

[820 31 All 

[820 58 All 

[820 68 All 

[820 81 All 

[820 85 All 

[820 102 All 

820 104 All 

820 155 All 

rS?o 158 All 



The Forest, Fish and Game Law. 143 

Laws of Chapter Section 

1820., 200 All 

1820 201 All 

1820 207 All 

1821 11 All 

1821 85 All 

1821 95 All 

1821 142 All 

1821 191 All 

1822 106 All 

1822 151 All 

1822 200 All 

1822 216 All 

1823 28 1 

1823 59 All 

1823 114 All 

1823 185.... All 

1823 223 All 

1824 7 All 

1824 99 All 

1824 102 All 

1824 no All 

1824 115 All 

1824 138 All 

1824 139 All 

1824 157 All 

1824 158 All 

1824 .... 160 All 

1824 182 All 

1824 184 All 

1824 185 All 

1824 274 All 

1824 294 All 

1825 13 All 

1825 157 All 



144 The Forest, Fish and Game La: 



Laws of Chapter Section 

1825 305 All 

1826 7 All 

1826 65 All 

1826......... 212 All 

1826 227 All 

1827 127 All 

1828 17 All 

1828 45 All 

1828 71 All 

1828 147 All 

1828 239 All 

1828 21 1, 1f1T 34, 144, 193, 213, 

236, 250, 264, 297, 305. 

356, 359, 385, 407, 477. 

502, 539 (2d Meet.) 

1829 189 All 

1830 177 All 

1831 203 All 

1832 204 All 

1833 64 All 

1833 92 All 

1833 155 All 

1833 156 All 

1835 13 All 

1836 127 All 

1837 2C8 All 

1838 70 All 

1838 86 All 

1838 182 All 

1839 173 All 

1840 77 All 

1840 267 All 

1841 202 All 

1843 114 All 



The Forest, Fish and Game Laic. 145 

Laws of Chapter Section 

1844 109 All 

1844 184 All 

1845 3i All 

1845 129 All 

184S 170 All 

1845 217 All 

1845 365 All 

1846 37 All 

1846 64 All 

1846 83 All 

1846 85 All 

1846 in All 

1846 113 All 

1846 154 All 

1848 279 All 

1848 356 All 

1848 363-. All 

1849 435 All 

1851 478 All 

T853 506 All 

i855 173 All 

1855 488 All 

1857 287 All 

1857 290 All 

1857 514 All 

1857 627 All 

1857 732 All 

1858 13 All 

1858 38 All 

1858 89 All 

1858 163 All 

1859 89 All 

1859 229 All 

1859 285 All 



146 The Forest, Fish and Game Law. 

Laws of Chapter Section 

1859 464 All 

1859 469 All 

1859 5ii All 

i860 54 All 

i860 186 All 

i860 196 All 

i860 199 All 

i860 223 All 

i860 228 All 

i860 302 All 

i860 332 All 

i860 384 All 

1861 146 All 

1861 173 All 

1861 214 All 

1862 107 All 

1862 212 All 

1862 335 All 

1862 474 All 

1863 462 All 

1864 288 All 

1864 426 All 

1864 575 All 

1865 337 All 

1865 518 All 

1865 642 All 

1865 678 All 

1865 679 All 

1866 112 All 

1866 251 All 

1866 404 All 

1866 464 All 

1866 753 All 

1866 813 All 



The Forest, Fish and Game Law. 147 

Laws of Chapter Section 

1867 292 All 

1867 541 All 

1867 6S3.../. ... All 

1867. 827 All 

1867 898 All 

1868 3 All 

1868 285 All 

1868 344 All 

1868 785 All 

1869 909 All 

1869 910 All 

1870 234 All 

1870 567 All 

1871 367 All 

1871 721 All 

1871... ...... 831 All 

1872 65.. All 

1872 83 All 

1872 316 All 

1872 356 All 

1872 433 All 

1872 436 All 

1872 483 All 

1872 595 All 

1872 608 All 

1873 74 All 

1873 121 All 

1873 353 All 

1873. 381 All 

1873 435 All 

iS/3 436 All 

1873 479 All 

1873 524 All 

1873 665 All 



14S The Forest, Fish and Game Law. 

Laws of Chapter Section 

1873.. •*.... 693 All 

1873 739 All 

1873 ••• 740 Afl 

1874 33 All 

1874 9i All 

1874 231 All 

1874 336 All 

1874........ 352. All 

1874 390 All 

1874 394 All 

1874 409 All 

1874 424 All 

1874 455 All 

1874 511 All 

1875 55 All 

1875 89 9 

1875 154 All 

1875 183 All 

1875 186 AH 

1875 201 All 

1875 23J All 

1875 236 All 

1875 272 All 

1875 276 All 

1875 277 All 

1875 3o6 All 

1875 321 All 

1875 344 All 

1875 382 All 

1875 384 All 

1875 504 All 

1875 524 All 

1876 191 All 

1876 347 Al! 



The Forest, Fish and Game Law. 149 

Laws of Chapter Section 

[876 389- ••• All 

^76 395 All 

I76 396 All 

1876 400 All 

877 152 All 

:877 276 All 

[877 296 All 

r877 398 All 

877 411 All 

877 421 All 

878 302 All 

I79 87 All 

[879 309 All 

[879 361 All 

■9 534 All 

to 282 All 

:88o 453- All 

53i All 

584 All 

[880 591 All 

ii 416 All 

1881 430 All 

c88i 704 All 

[882 178 All 

[883 317 All 

4 127 All 

4 185 All 

4 212 All 

4 247 All 

4 269 All 

4 501 All 

5 121 All 

885 237 All 

5 242 All 

5 243 All 

[885 283 All 



150 The forest, Fish and Game Law. 

Laws of Chapter Section 

5 485 All 

5 556 All 

5 557 All 

6 11 AH 

6 112 All 

6 124 All 

[886 141 All 

[886 194 All 

6 226 All 

[886 247 All 

[886 267 All 

6 300 All 

6 395 All 

6 427 All 

[886 429 All 

[886 430 v. All 

[886 437 All 

6 522 All 

6 542 All 

6 590 All 

6 603 All 

6 671 All 

[887 259 All 

[887 366 All 

[887 373 All 

7 395 All 

[887 407 All 

[887 475 All 

7 498 All 

7 530 All 

[887 562 All 

[887 584 All 

7 59i All 

[887 596 All 



The Forest, Fish and Game Law. 151 

Laws of Chapter Section 

1S87 617 All 

1887 618 All 

1887 619 All 

1887 620 All 

1887 623 All 

1887 639 All 

1887 641 All 

1888 501 All 

1888 520 All 

1888 547 AH 

1888 577 All 

1889 24 All 

1889 512 All 

1889 539 All 

1889 550 All 

1889 556 All 

1890 8.: All 

1890 11 All 

1890 37 All 

1890 54 All 

1890 90 All 

1890 99 All 

1890 308 All 

1890 533 All 

1892 488 All 

1892 561 All 

1892 707 All 

1893 62 All 

1893 194 All 

1893 293 All 

1893 307 All 

1893 321 All 

1893 332 All 

1893 343 All 



152 The Forest, Fish and Game Law. 

Laws of Chapter Section 

1^93 453 All 

1893 540 All 

1893 54i All 

1893 •'. 542 All 

1893 ' 547 All 

1893 548 All 

1893 573 All 

1894 ^3 All 

1894 439 All 

1894 608 All 

1894 627 All 

1894 665 All 

1894 744 All 

1895 ^o All 

1895 179 All 

1895 395 All 

1895 448 All 

1895 470 All 

1895 498 All 

1895 55i All 

1895 974 All 

1896 114 All 

1896 144 All 

1896 150 All 

1896 154 All 

1896 169 All 

1896 179 All 

1896 180 All 

1896 233 All 

1896 251 All 

1896 284 All 

1896 319 All 

1896 367 All 

1896 368 All 



The Forest, Fish and Game Law. 153 

Laws of Chapter Section 

1806 383 All 

1896 462 All 

1896 463 All 

1896 531 All 

1896 652 All 

1896 653 All 

1896 654 All 

1896 655 All 

1896 657 All 

1896 658 All 

1896 659 All 

1896 660 All 

1896 661 All 

1896 783 All 

1896 802 All 

1896 824 All 

1896 975 All 

1897 63 All 

1897 64 All 

1897 93 All 

1897 94 All 

1897 150 All 

1897 151 All 

1897 175 All 

1897 182 All 

1897 220 All 

1897 250 All 

1897 259 All 

1897 280 All 

1897 322 All 

1897 326 All 

1897 330 All 

1897 342 All 

1897 388 All 



154 The Forest, Fish and Game Lazv. 

Laws of Chapter Section 

§97 390 All 

[897 628 All 

[897 699 All 

[897 700 All 

[897 705 All 

[897 706 All 

8 2 All 

8 39 All 

8 40 All 

8 53 All 

[898 54 All 

8 55 All 

8 68 All 

8 92 All 

898 93. All 

8 94 All 

8 107 All 

8 109 All 

8 132 All 

8 135 All 

8 139 All 

8 213 All 

8 400 All 

8 401 AH 

8 403 All 

898 404 All 

8 405 All 

8 406 All 

8 407 All 

898 408 All 

8 409 All 

8 447 All 

8 449 All 

8 450 All 



The Forest, Fish and Game Law. 15; 

Laws of Chapter Section 

3 45i All 

3 452 All 

3 453 All 

3 454 All 

3 455 All 

3 456 AH 

3 457 All 

[898 458 All 

[898 459 All 

3 460........ All 

3 461 All 

[898 462 All 

3 463 All 

3 489 All 

3 600 All 

3 639 All 

[899 5.. All 

[899 10 All 

[899 42 All 

[899 54 All 

[899 55 All 

[899 60 All 

[899 135 All 

1899 141 All 

[899 187 All 

? 188 All 

[899 228 All 

[899 231 All 

[899 235 All 

[899 244 All 

[899 249 All 

[899 252 All 

[899 290 All 

[809 319 All 



156 The Forest, Fish and Game Law, 

Laws of Chapter Section 

1899 325 All 

1899 341 All 

1899 415 All 

1899 425 All 

1899 426 All 

1899 483 All 

1899 511 All 

1899 533 All 

1899 ..•• 534 All 

1899 535 All 

1899 536 All 

1899 537 All 

1899 538 All 

1899 610 All 

1899 611 All 

1899 619 All 

1899 642 All 

1899 701 All 

1899 729 All 

1900 20 All 

1900 186 All 

1900 215 All 

1900 235 All 

1900 429 All 

1900 538 All 

1900 593 All 

1900 594 All 

1900 596 All 

1900 597 All 

1900 598 All 

1900 599 All 

1900 600 All 

1900 601 All 

iqoo 602 All 



The Forest, Fish and Game Lazv. 157 

Laws of Chapter Section 

1900 603 All 

1900 604 All 

1900 605 All 

1900 606 All 

1900 607 All 

1900 608 All 

1900 609 All 

1900 610 All 

1900 611 All 

1900 638 All 

1900 652 All 

1900 741 All 

1901 91 All 

1901 94 All 

1901 100 All 

1901 120 All 

1901 121. All 

1901 147 All 

1901 148 All 

1901 192 All 

1901 252 All 

1901 326 All 

1901 366 All 

1901 396 All 

1901 45i All 

1901 491 All 

1901 519 All 

1901 543 All 

1901 545 All 

1901 559 AH 

1901 561 All 

1901 603 All 

1901 606 All 

1901 608 All 



158 



The Forest. Fish and Game Law. 



Laws of 



Chapter 



iooi 614. 

if 01 616. 



1901. 
1 90 1 . 
1902. 
1902. 
1902. 
1902. 
1902. 
1992. 
1902. 
1902. 
1902. 
1902. 
1902. 
1902. 
1902. 
1902. 
1902. 
1902. 
1902. 
1902. 
1902. 
1902. 
1902. 
1902. 
1902. 
1902. 
1902. 
1902. 
1902. 
1902. 
1902. 
1902. 



652. 

662. 
43 • 
/i. 



in. . 
125.. 

161.. 
190. . 
194.. 
205.. 
213.. 
232.. 
247.. 
267. . 
292. . 
299.. 

303- • 
304.. 

317- • 

332. . 
334- • 
336.. 
343 • • 
347-- 
359- • 
361.. 
372.. 
374- • 
511.. 
517.. 



Secti 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 

All 



The Forest, Fish and Game Law. [.59 

Laws of Chapter Section 

1902 524 All 

1903 14 All 

1903 72 All 

1903 78 AI1 

1903 80 All 

1903 81 All 

1903 149 All 

1903 155 All 

1903 162 All 

1903 186 All 

1903 209 All 

1903 220 All 

1903 256 All 

1003 261 All 

1903 277 All 

1903 278 All 

1903 279; All 

1903 291 All 

1903 353 All 

1903 433 All 

1903 440 All 

1903 441 All 

1903 442 All 

1903 443 All 

1903 444 AH 

1903 445 All 

1933 446 All 

1903 475 All 

1903 516 All 

1903 5i8 All 

1903 519 All 

1903 520 All 

1903 533 All 

1903 558 All 



160 The Forest, Fish and Game Law. 

Laws of Chapter Section 

1903 563 All 

1903 596... All 

1904 80 All 

1904 116 All 

1904 157 All 

1904 198 All 

1904 204 All 

1904 233 All 

1904 303 All 

1904 304 All 

1904 3ii All 

1904 5/8 All 

1904 579 All 

1904 580 All 

1904 581 All 

1904 582 All 

1904 5S3 All 

1904 584 All 

1904 585 All 

1904 586 All 

1904 587 AH 

1904 588 All 

1904 590 All 

1904 591 All 

1904 592 All 

1904 593 All 

1904 630 All 

1904 648 All 

1904 674 1, 2 

1904 710 All 

1905 36 All 

1905 196 All 

1905 285 All 

1905 312 All 



The Forest, Fish and Game Law. 161 

Laws of Chapter Section 

1905 313 All 

1905 3H All 

1905 315 All 

1905 316 All 

1905 3i7 All 

1905 318 AH 

1905 319 All 

1905 335 All 

1905 336 AH 

1905 337 AH 

1905 338 All 

1905 339 All 

I9Q5 340 All 

1905 34i All 

1905 342 All 

1905 343 All 

1905 420; All 

1905 421 All 

1905 422 All 

1905 423 All 

1905 424 All 

1905 425 All 

1905 426 All 

1905 427 All 

1905 428 All 

1905 429 All 

1905 588 ,.. All 

1905 612 All 

1905 657 All 

1905 660 All 

1906 69 All 

1906 73 All 

1906 99 AH 

1906 191 All 



162 The Forest, Fish and Game Law. 

Laws of Chapter Section 

1906 199 All 

1906 206 All 

1906 241 All 

1906 367 All 

1906 402 All 

1906 409 All 

1906 478 All 

T906 519 All 

1906 534 All 

1906 535 All 

1906 536 All 

1906 537 All 

1906 538 All 

1906 539 All 

1907 40 All 

1907 48 All 

1907 57 All 

1907 69 All 

1907 92 All 

1907 96 All 

1907 100 All 

1907 i>6 All 

1907 196 All 

1907 201 All 

1907 243 All 

1907 260 All 

1907 282 All 

1907 311 All 

1907 333 All 

1907 519 All 

1907 527 All 

1907 656 All 

1907 666 All 

1907 667 All 



The Forest, Fish and Game Law. 163 

Laws of Chapter Section 

1907 668 All 

1907 745 AH 

1908 130 All 

1908 471 All 



APPENDIX 



The Lacey Act. 167 

THE LACEY ACT. 

[Chap. 553 (1900).] 



UNITED STATES STATUTE. 



AN ACT to enlarge the powers of the depart- 
ment of agriculture, prohibit the transportation 
by interstate commerce of game killed in vio- 
lation of local laws, and for other purposes. 

Be it enacted by the Senate and House of Repre- 
sentatives of the United States of America in Con- 
gress assembled, That the duties and powers of 
the department of agriculture are hereby enlarged 
so as to include the preservation, distribution, 
introduction, and restoration of game birds and 
other wild birds. The secretary of agriculture is 
hereby authorized to adopt such measures as may 
be necessary to carry out the purposes of this 
act and to purchase such game birds and other 
wild birds as may be required therefor, subject, 
however, to the laws of the various states and 
territories. The object and purpose of this act is 
to aid in the restoration of such birds in those 
parts of the United States adapted thereto where 
the same have become scarce or extinct, and 
also to regulate the introduction of American or 
foreign birds or animals in localities where they 
have not heretofore existed. 



1 68 The Lacey Act. 

The secretary of agriculture shall from time to 
time collect and publish useful information as to 
the propagation, uses, and preservation of such 
birds. 

And the secretary of agriculture shall make 
and publish all needful rules and regulations for 
carrying out the purposes of this act, and shall 
expend for said purposes such sums as congress 
may appropriate therefor. 

§ 2. Repealed by chapter 321 of the Laws of 1909 
of the United States. 

§ 3. Repealed by chapter 321 of the Laws of 1909 
of the United States. 

§ 4. Repealed by chapter 321 of the Laws of 1909 
of the United States. 

§ 5. That all dead bodies or parts thereof, of 
any foreign game animals, or game or song birds, 
the importation of which is prohibited or the 
dead bodies, or parts thereof, of any wild game 
animals, or game or song birds transported into 
any state or territory, or remaining therein for 
use, consumption, sale, or storage therein, shall 
upon arrival in such state or territory be subject 
to the operation and effect of the laws of such 
state or territory enacted in the exercise of its 
police powers, to the same extent and in the 
same manner as though such animals and birds 
had been produced in such state or territory, and 
shall not be exempt therefrom by reason of being 
introduced therein in original packages or other- 



The Lacey Act. 169 

wise. This act shall not prevent the importation, 
transportation, or sale of birds or bird plumage 
manufactured from the feathers of barnyard fowl. 

Approved, May 25, 1900. 

CHAPTER 321 
of the Laws of 1909 of the United States. 

AN ACT to codify, revise and amend the penal 
laws of the United States. 

Be it enacted by the Senate and House of Repre- 
sentatives of the United States of America in Con- 
gress assembled, That the penal laws of the United 
States be and they hereby are codified, revised and 
amended with title, chapters, head notes and sec- 
tions, entitled, numbered and to read as follows: 

CHAPTER 9. 

§ 241. The importation into the United States or 
any territory or district thereof, of the mongoose, 
the so called " flying foxes " or fruit bats, the Eng- 
lish sparrow, the starling, and such other birds and 
animals as the secretary of agriculture may from 
time to time declare to be injurious to the interests 
of agriculture or horticulture is hereby prohibited ; 
and all such birds and animals shall, upon arrival at 
any port of the United States be destroyed or re- 
turned at the expense of the owner. 

No person shall import into the United States or 
into any territory or district thereof, any foreign 
wild animal or bird, except under special permit 
from the secretary df agriculture. Provided, That 
nothing in this section shall restrict the importa- 



170 The Lacey Act. 

tion of natural history specimens for museums or 
scientific collections, or of certain cage birds such 
as domesticated canaries, parrots or such other birds 
as the secretary of agriculture may designate. 

The secretary of the treasury is hereby authorized 
to make regulations for carrying into effect the pro- 
visions of this section. 

§ 242. It shall be unlawful for any person to de- 
liver to any common carrier for transportation, or 
for any common carrier to transport from any 
state, territory or district ot the United States to 
any other state, territory or district thereof, any 
foreign, animals or birds, the importation of which 
is prohibited, or the dead bodies or parts thereof 
of any wild animals or birds, where such animals or 
birds have been killed or shipped in violation 
of the laws of the state, territory or district 
in which the same were killed or from which they 
were shipped. Provided, That nothing herein shall 
prevent the transportation of any dead birds or ani- 
mals killed during the season when the same may be 
lawfully captured and the export of which is not 
prohibited by law in the state, territory or district 
in which the same are captured or killed. Provided 
further, That nothing herein shall prevent the im- 
portation, transportation or sale of birds or bird 
plumage manufactured from the feathers of barn- 
yard fowls. 

§ 243. All packages containing the dead bodies, or 
the plumage or parts thereof, of game animals, or 
game or other wild birds, when shipped in intei - 
state or foreign commerce, shall be plainly and 
clearly marked, so that the name and address of 



The Lacey Act. 171 

the shipper, and the nature of the contents may be 
readily ascertained on an inspection of the outside 
of such package. 

§ 244. For each evasion or violation of any pro- 
vision of the three sections last preceding, the ship- 
per shall be fined not more than two hundred dol- 
lars ; the consignee knowingly receiving such articles 
so shipped and transported in violation of said sec- 
tions shall be fined not more than two hundred dol- 
lars; and the carrier knowingly carrying or trans- 
porting the same in violation of said sections shall 
be fined not more than two hundred dollars. 

The above sections 241, 242, 243, 244 take the 
place of sections 2, 3 and 4 of the Lacey Act. 



172 Forest Fires. 



FOREST FIRES. 



RULES AND REGULATIONS. 



These rules and regulations were made by the 
Commissioner under authority of section 40, article 
5, chapter 24, Laws of 1909. 

Fires to clear land, burn logs, brush, dry grass 
or other material for this purpose shall not be 
started by any person, except as provided in sec- 
tion 73. This section prohibits the setting of 
such fires from April 21st to May 31st inclusive 
and from September 16th to November 10th in- 
clusive. However, such fires may be set from 
June 1st to September 15th inclusive, if written 
permission has first been obtained from the su- 
pervisor of the town in which the fire is to be 
started or from a superintendent of fires or a 
regular fire patrolman. Whenever such fires are 
lighted, competent persons must remain to guard 
them until all fire is extinguished. If such fires 
are started near forest or woodland the officer 
granting the permit shall be personally present 
when the fire is lighted. Should drought or high 
winds make the starting of such fires dangerous 
permits shall not be granted or if granted they 
shall be void. Any or all persons starting such 
fires will be held responsible for any or all dam- 



Forest Fires. 173 

age caased thereby or for any expenses resulting 
from fighting such fires, notwithstanding a per- 
mit has been secured. 

Fires will be permitted for the purposes of 
cooking, warmth and insect smudges; but before 
such fires are started, sufficient space around the 
spot where the fire is to be lighted must be 
cleared of all combustible material; and before 
the place is abandoned, fires so set must be en- 
tirely extinguished not only on the surface but 
in any of the soil underneath. 

All fires, other than those hereinbefore men- 
tioned, are absolutely prohibited. 

Hunters or smokers are warned against allow- 
ing fires to originate from the use of firearms, 
cigars, pipes and matches. 

All matches thrown away in the woods must 
be broken in half before they are dropped. All 
persons will be held responsible for any damage, 
injury or expense as a result of their carelessness 
or negligence. 

Girdling and peeling bark from standing trees is 
absolutely prohibited and any person doing so 
shall be subject to punishment. 

Foresters, Fire Patrolmen, Superintendents .of 
Fires, Inspectors, Game Protectors, and all citi- 
zens are requested to report to the Forest, Fish 
and Game Commission immediately all cases 
which may come to their notice, of any damage or 
injury to trees or forests arising from any viola- 
tion of these rules. 

By order of the Forest. Fish and Game Com- 



174 Forest Fires. 



GENERAL INFORMATION ON FOREST 
FIRES. 

In order to furnish general information in re- 
gard to our forest fire law and with the expecta- 
tion of securing a stronger public sentiment in 
favor of forest fire prevention, thus assisting in 
reducing the forest fire losses, and the protection of 
the forests, both State and private, this article has 
been prepared. 

" Self preservation is the first law of nature " 
and similarly, the protection of our forests from 
fire and other enemies is the first rule of for- 
estry. The most destructive agent of the forest 
is fire and it is one against which we must be 
guarded at all times. The very use of the woods 
increases the danger from this source and there- 
fore it is necessary that everyone who travels or 
who lives in the forest should be extremely 
careful about the use of fire. 

The present forest fire law is the result of dili- 
gent work on the part of a committee appointed 
at a meeting of representative lumbermen, large 
landowners, foresters, park owners and public- 
spirited citizens. It represents legislation more 
advanced than is found in the laws of any other 
state of the Union. 

The public sentiment in favor of forestry is so 
strong; the value of the forest property from a 
commercial standpoint so large; the necessity for 
the preservation of the forests upon our two 
great upland regions of this State so urgent; 
the use of these forests as a pleasure and health 
resort so essential; the value of these wooded 



Forest Fires. 175 

areas for water storage, an element in supplying 
cheaper water power, so important; the decreasing 
timber supply combined with the increasing de- 
mand for wood material so great, that the value of 
our forests and the necessity for their preservation 
are accentuated. 

It is fair to state that the influence of the forest 
is so great that the future welfare of this State 
and of every citizen in the State is intimately 
associated with the preservation of our forests. 
The forest as a source of revenue and as a source 
of supply of necessary material is very great. 
The value of the forest product of this State in 
the year 1907 was $6,000,000 on the stumpage, or 
$24,000,000 at the mill. The forest also has an 
indirect value to our people in that it brings to 
sections unproductive from an agricultural stand- 
point thousands of people; and statistics com- 
piled for the year 1902 show that the tourists 
spent in the Adirondacks over $6,000,000, exclu- 
sive of wages and purchase of merchandise. On the 
other hand, the absolute loss to property owners by 
forest fires in the twelve forest counties in 1908 
was not less than $1,000,000 from a commercial 
standpoint; and to them from a forestry standpoint 
and to the State in general from a protective value, 
fully as much more. In order that these revenues 
continue, we must have reasonable protection from 
forest fire. 

Everyone who travels in the forests must use 
extreme caution in regard to fire. Smokers must 
not drop lighted matches and it is very desirable 
that every match be broken in half before it is 
thrown away. Campers and hunters must be 



176 Forest Fires. 

very careful about the use of fire for heating and 
cooking. Such fires should not be started until 
sufficient space has been cleaned of all duff, 
leaves and other inflammable material and before 
such fires are left, they must be thoroughly 
quenched. Oftentimes fires burn into the under 
duffy soil and remain there for several days, 
finally coming to the surface and a serious fire 
results. It is only fair to the State or to private 
landowners that people who use their land for 
pleasure should be cautious and do nothing to 
endanger their property. In some cases land- 
owners have forbidden trespass by hunters, fish- 
ermen and campers simply on account of the fire 
danger. The freedom which guides and other 
people who enjoy the woods, will have in the 
future, on private land, will be largely deter- 
mined by the care which they exercise in regard 
to fire. They should not cause these owners to 
assume the large risks which they are now com- 
pelled to take on account of the large number of 
unrestricted people using our wood lands. The 
forest fire law provides that any person who sets 
fire to waste or barren land in the forest preserve 
counties of the State is punishable on conviction 
under the Penal Code. Such persons shall also 
be liable to the State for such wrongful act and 
to a penalty of $10 for each and every tree so 
killed or destroyed; or to any municipality, cor- 
poration or person for any damages which they 
may cause. This section means that campers and 
other people, building any kind of a fire in any 
of the forest sections of the twelve Adirondack 
and four Catskill counties will be held strictly 



Forest Fires. 177 

responsible for any damage resulting from such 
fire. 

Fires to clear land, or burn brush, logs, or dry- 
grass shall not be lighted in our forest sections 
from April 21st to May 31st inclusive or from 
September 16th to November 10th inclusive. 
Such fires may be set from June 1st to Septem- 
ber 15th, however, if a written permit has first 
been obtained from the supervisor of the town 
in which the burning is to be done, or from a 
superintendent of fires or from a regular patrol- 
man. There is no charge for these permits and 
these officials will grant them provided the 
weather conditions do not make a fire haz- 
ardous. If such fires are to be set near forest or 
woodlands, the official granting the permit is to 
be present when the fire is started. The person 
setting such fire shall be liable to the State or 
any individual for any damage caused by such 
fire. They shall also be responsible for any un- 
necessary expense in fighting such fire, should 
the fire escape beyond their control. 

Whenever evergreen (coniferous) trees are cut 
within the twelve Adirondack or four Catskill 
counties, provided such trees are not cut for use 
with the limbs thereon (such as Christmas trees) 
all of the limbs or branches thereto shall be cut 
from such trees. The purpose of this law is to 
have all of the smaller branches of the tree tops 
lay close to the ground in order that they will 
decay quickly and thus reduce the fire danger. 
The experience of former lumbering operations 
shows that evergreen trees, when the branches 
are not cut off, decay very slowly and arc 



i/8 Forest Fires. 

a fire menace for many years. It is only fair 
to the lumbermen that he should do this work 
because lumbering operations increase the fire 
danger and as they are the cause of increasing 
the fire danger, it is only fair that they should 
take the necessary steps not only to protect their 
own land but adjoining property owners from 
this increased fire risk which they have caused. 
The cost of such additional work is very small 
and in many cases is entirely offset by the extra 
amount of wood material secured from the top. 
This section of the forest law was incorporated 
at the special request of lumbermen and has met 
with uniform approval. 

The fire fighting and fire prevention organiza- 
tion of this Commission consists of the follow- 
ing force under the direct charge of the Forest, 
Fish and Game Commissioner. The Superin- 
tendent of State Forests, in charge of the direct 
enforcement of the fire law. The twelve Adiron- 
dack counties are divided into three fire districts 
and the four Catskill counties into one district, 
each district in charge of a superintendent of fire. 
The districts are further divided into smaller sec- 
tions in charge of fire patrolmen. The super- 
visors in the forest towns of the sixteen coun- 
ties are, by virtue of their office, fire wardens for 
such towns. In addition to this force, in various 
places of fire danger and in isolated localities 
other men designated as special patrolmen are 
appointed. There are also fifteen observation 
stations on suitable mountains where men are 
stationed throughout the summer with maps and 
glasses to watch out for and locate fires and 



Forest Fires. 179 

inform by telephone the nearest patrolman or 
supervisor that such fire is burning. The super- 
intendents of fire, the town supervisors and regu- 
lar and special patrolmen have authority to warn 
out any citizen for the purpose of fighting fire 
when such fires are actually burning. Men are 
paid at the rate of fifteen cents per hour for time 
actually employed. With this organization con- 
sisting of about 25 paid men and 150 more whose 
duty it is to act in times of fire, a very satisfac- 
tory organization has been effected. However, 
with all this organization it is necessary to have 
a strong, favorable, public sentiment and citizens 
who are willing to assist in this work and fight 
fire when necessary or communicate with some 
of our organization whenever such fires occur. 

The time has come when our people are realiz- 
ing the value of a forest, the pleasure-seeker on 
account of the game, fish, sport or health which 
he derives; the lumbermen, who view it not 
simply from the standpoint of how much mer- 
chantable material it now contains, but as a mat- 
ter of improvement and investment. The de- 
nuded, burned, sections are being rapidly planted 
with small trees in order to yield a future supply 
of material. The guide or a farmer who lives in 
the resort sections must take a more practical 
view of the situation and admit that were it not 
for these forests, the summer people — the hunter, 
fisherman or health-seeker — would not frequent 
the woods and they would not be able to secure 
such ready employment or sell their products so 
readily at a home market. 



180 Forest Fires. 

The State of New York has acquired title to 
more than 1,600,000 acres of land in the Adiron- 
dacks and Catskills, which is for the free use of 
our people, with certain restrictions. Any citizen 
may camp temporarily on State land in the 
Adirondack or Catskill Park or on the islands in 
Lake George or the St. Lawrence River. No 
written permit is necessary nor can one be 
granted by anybody. The Constitution of the 
State provides that the land in the Forest Pre- 
serve can not be leased, sold or exchanged but 
must be kept as wild forest land for the enjoy- 
ment of the people. The construction of portable 
houses, tar paper camps, bark houses, log camps 
or permanent structures of any kind on State 
land is absolutely prohibited. Only fallen timber 
can be used for cooking or heating. Whoever 
camps on this land must be extremely cautious 
about the use of fire and when such fires are to 
be abandoned, they must be thoroughly drenched 
with water. 

It is hoped that anyone who uses or is inter- 
ested in any way in our forest woodlands will 
cheerfully unite in assisting us and our force in the 
enforcement of the law and the protection of the 
forest. 

CLIFFORD R. PETTIS, 
Superintendent State Forests. 

AN ACT to amend the penal law, in relation to 
Malicious mischief. 

(Chap. 474, Laws of 1910.) 

Section 1. Section fourteen hundred and 
twentv-one of chapter eighty-eight of the laws of 



Forest Fires. 181 

nineteen hundred and nine, entitled "An act pro- 
viding for the punishment of crime, constituting 
chapter forty of the consolidated laws," is hereby- 
amended to read as follows: 

§ 1421. Burning crops or timber, how punished. 
A person who, under circumstances not amount- 
ing to arson in any of its degrees: J •' 

1. Wilfully burns or sets fire to any grain,- 
grass or growing crop, or standing timber, or to 
any building, fixtures or appurtenances to real 
property of another, or 

2. Wilfully sets fire to, or assists another to 
set fire to any wild, waste or forest lands, be- 
longing to the state or to another person whereby 
such forests are injured or endangered; 

Is guilty of felony and is punishable by im- 
prisonment for not more than ten years or by a 
fine of not more than two thousand dollars, or 
by both. 

§ 2. This act shall take effect July first, nine- 
ten hundred and ten. 

AN ACT to amend the town law, in relation to 
preventing and fighting forest fires. 

(Chap. 630, Laws of 1910.) 

Section 1. Section eighty-nine of chapter sixty- 
three of the laws of nineteen hundred and nine, 
entitled "An act relating to towns, constituting 
chapter sixty-two of the consolidated laws," as 
amended by chapter four hundred and ninety-one 
of the laws of nineteen hundred and nine, is 
hereby amended to read as follows: 



182 Forest Fires. 

§ 89. Penalty for setting fire to waste or forest 
lands. Any person who sets fire to waste or forest 
lands in towns other than those provided for by 
section seventy-three of the forest, fish and game 
law, or who negligently suffers a fire to extend 
from his own lands to any other lands, is guilty 
of a misdemeanor, and shall, upon conviction, 
be imprisoned for not more than one year or 
shall be fined not more than one thousand dol- 
lars, or both, for each offense. Any moneys 
necessarily expended by the town, under subdi- 
vision eight of section ninety-eight hereof, in 
fighting fires on waste or forest lands may be 
sued for by the town expending the moneys and 
recovered from the person causing the fires. 

§ 2. Section ninety-eight of such chapter is 
hereby amended by adding thereto a new sub- 
division to be subdivision eight thereof, to read 
as follows: 

8. In towns other than those provided for by 
section seventy-three of the forest, fish and game 
law, the supervisor shall, by virtue of his office, 
be fire warden of his town and charged with the 
duty of preventing and extinguishing forest fires. 
He shall have power to employ persons to act as 
patrolmen in preventing and fighting fires and to 
employ necessary assistants therefor and shall 
possess all of the power and authority conferred 
upon the forest, fish and game commissioner, 
supervisor and fire patrolman under section sev- 
enty of the forest, fish and game law. Any per- 
son summoned to fight forest fires who is physic- 
ally able and refuses to assist shall be liable to a 
penalty of twenty dollars. The town board of 



Forest Fires. 183 

each town shall at its first annual meeting desig- 
nate one of its members to act as such fire warden 
for the ensuing year in case of absence of the 
supervisor. The town board shall fix the com- 
pensation of all patrolmen and assistants em- 
ployed under the provisions of this section, and 
all expenses incurred under the provisions of 
this section shall be a charge upon and paid by 
the town. 
§ 3. This act shall take effect immediately. 



184 Information for Campers. 

INFORMATION FOR CAMPERS. 



Any citizen may camp temporarily on the State 
land in the Adirondacks, the Catskills, Lake 
George and the St. Lawrence river. No written 
permit is required, nor can one be granted by 
anybody. The Constitution of the State of New- 
York provides that the land in the Forest Pre- 
serve can neither be leased, sold nor exchanged, 
but must be kept as wild forest land for the en- 
joyment of the people. Tents are the only struc- 
tures permitted in the woods, but board floors 
may be used. No person is entitled to call any 
particular site his own from year to year. Port- 
able houses are prohibited. So is the erection 
of any permanent shelter, such as a bark house, 
lean-to, or log camp. Peeling bark is absolutely 
prohibited. Fires may be lighted for cooking, 
warmth and insect smudges, but only fallen tim- 
ber can be used. Before a fire is lighted ample 
space must be cleared around the spot so that 
the fire shall not spread, and before leaving the 
place the fire must be thoroughly extinguished. 
All other fires are absolutely forbidden. Hunters 
and smokers must be careful not to set fires in 
the woods by the use of firearms, pipes or cigars. 
Special care must be taken that lighted matches 
are extinguished before throwing them down in 
the woods. Campers will be held strictly re- 
sponsible for any damage or injury to the forest 
which may result from carelessness or neglect. 
The Forest, Fish and Game Commission. 



Net Licenses. 185 



NET LICENSES. 



RULES AND REGULATIONS. 

Relating to the use of nets, adopted by the 
Forest, Fish and Game Commission, June 25, 1910, 
to take effect January 1, 191 1. 

All licenses for nets shall be granted pursuant 
and subject to the following rules and regula- 
tions, which shall be plainly printed on each 
license issued, and made a part thereof: 

1. Only such kinds of nets shall be used as 
are specified in. the license, and a license shall 
not be issued to a non-resident of the State un- 
less specially permitted. 

2. The license shall specify the kinds of nets to 
be used and the duration of the license. Licenses 
shall be granted for no longer than one year; all 
licenses granted during the year will expire on 
the thirty-first day of December following, unless 
an earlier date is specified; the Commissioner 
may, at any time, in his discretion, revoke any 
license after notice to the licensee of the charges 
made against him. 

3. A license issued, pursuant to these rules, is 
not transferable, and if a licensed net be used 
by any other person than the licensee or person 
in his employ, or under his immediate super- 
vision, it shall be deemed forfeited. 



186 Net Licenses. 

4. A metal tag shall be issued with each 
licensed net upon which shall be stamped a num- 
ber corresponding with the number on the li- 
cense. Such tag must be attached to the net 
when in use, in such a manner that it will be on 
top of or above the water and in plain sight, at 
all times. In Lake Ontario not to exceed five 
tags may be issued with each license granted for 
row, sail or power boats. Tags will not be re- 
quired for gill net fishing in Lake Erie. The 
owner of each licensed boat shall at all times 
have in plain sight aboard said boat his license 
for inspection. The licensee must exhibit his 
license when required, to any Game Protector, 
or to any peace officer of this State, or to any 
person designated by the Forest, Fish and Game 
Commission. 

5. Licenses granted under the provisions of 
section number 126 may be for one seine, not 
exceeding 100 feet in length; one trap net not 
exceeding 6 feet in depth; two fyke nets, not ex- 
ceeding 3 feet in diameter, with leaders not ex- 
ceeding 50 feet in length. 

6. Nets licensed for any of the inland lakes 
of the State or for taking minnows for bait, 
shall not be handled nor fish taken therefrom be- 
tween sunset and sunrise, except as specially 
permitted in the license. Fish not allowed to be 
taken, shall, with careful handling, be returned 
to the water immediately. 

7. The mesh of all nets used under any license 
except to take minnows for bait, shall not be 



Net Licenses. 187 

less than one and one-eighth inch bar (one and 
one-eighth inches square). 

No net shall be used for taking fish in Lakes 
Erie and Ontario of a smaller size than three 
inch mesh, or one and a half inch bar. 

No nets shall be used for taking lake trout or 
white fish in any waters of a less size than four 
and three-quarter inch mesh or two and three- 
eighth inch bar. 

No gill nets shall have wings or leaders at- 
tached thereto. No net licensed under a seine 
license shall be staked, anchored or otherwise 
fastened while in the water. ' 

8. A licensed net shall only be used in the 
waters for which the license is given, and may 
be determined by the Commission and specified 
in the license. 

9. A violation by a licensee, of any of these 
rules and regulations, or of any hereafter adopted, 
or of the Forest, Fish and Game Law, shall be 
sufficient cause for the revoking of a license. 
Failure to return tags at expiration of license or 
to make the report required by Rule 12 is suf- 
ficient cause for denying an application. 

10. Any person holding a license, who shall 
forfeit the same by reason of being convicted 
hereafter of illegal fishing, or shall violate any of 
these rules, shall not thereafter be granted an- 
other license within one year, and no person 
shall be granted a license who within the year 
preceding the application, has been convicted of 
illegal fishing. 



i8S Net Licenses. 

ii. All applications for licenses must be in- 
dorsed by two responsible persons. 

12. All persons holding a license shall make an 
annual report to the Commission of the number 
or weight and kind of fish caught and the value 
of the same, and return all tags furnished with 
the license. 

13. Each applicant shall, at the time of filing 
his application for a license, pay to the commis- 
sion a license fee as provided in the following 
schedule: 

For each fyke, scoop, dip or scap net... $1 00 

For each trap, seine or gill net 5 00 

For each line to catch sturgeon 1 00 

For each eel pot 1 00 

For each eel weir 1000 

For each stake net per 100 lineal feet.. 2 00 
except in Lake Erie and except in Lake 
Ontario, where the fee shall be as fol- 
lows: 

For each fyke or trap net 5 00 

For each pound net 50 00 

For each row or sail boat used in fish- 
ing gill nets 1000 

For each boat of any other kind, under 

ten tons gross burden, so used 15 00 

For each boat of any other kind, of from 
ten to fifteen tons gross burden, so 

used 25 00 

For each boat of any other kind, of from 

fifteen to twenty tons burden, so used. 30 00 



Net Licenses. 189 

For each boat of any other kind, of from 
twenty to twenty-five tons gross bur- 
den, so used $35 00 

For each boat of any other kind, of from 
twenty-five to thirty tons gross bur- 
den, so used 40 00 

For each boat of any other kind, of from 
thirty to thirty-five tons gross burden, 
so used 4500 

For each boat of any other kind, of from 
thirty-five to forty tons gross burden, 
so used 50 00 

For each boat of any other kind, forty 

tons or over gross burden, so used... 60 00 

14. Eel pots must not exceed in length 56 
inches, and in diameter not more than 12 inches, 
if round or otherwise, and not more than 12 
inches square, if square in form; the aperture or 
mouth of all eel pots shall not be more than 
one and one-half inches in diameter, if round in 
form or otherwise, and not more than one and 
one-half inches square, if square in form; and 
there shall be no fixtures or wings of any kind 
attached to or used in connection with eel pots 
intended to stop fish or to guide or force them 
into the mouth of the pot. 

15. The Forest, Fish and Game Commission 
reserves the rigfrt to alter, amend, repeal or 
modify any or all of the foregoing rules and 
regulations, and may adopt new ones at any 
time as the Commission may deem expedient. 
The Commission may revoke any license granted 



190 Net Licenses. 

hereunder at any time, and for any reason 
which to the Commission may seem sufficient. 
Nothing contained in any of these rules and 
regulations shall be construed as compelling the 
issuing of a license to any person nor to prevent 
the revoking of such license at any time. 



Roster of Fish and Game Protectors. iqi 



ROSTER OF FISH AND GAME 
PROTECTORS. 



John B. Burnham, Chief Protector, Essex, Essex county. 
M. C. Worts, ist Asst. Chief, Oswego, Oswego county. 
John E. Leavitt, 2d Asst. Chief, Johnstown, Fulton county. 
R. B. Nichols, 3d Asst. Chief, Indian Lake, Hamilton county. 
B. H. McCollom, 4th Asst. Chief, Canton, St. Lawrence county. 
Spencer Hawn, 5th Asst. Chief, Cicero, Onondaga county. 
Llewellyn Legge, Div. Chief, Binghamton, Broome county. 
B. Salisbury, Div. Chief, Ellicottville, Cattaraugus county. 
Willett Kidd, Acting Div. Chief, Newburgh, Orange county. 
Isaiah Vosburgh, Acting Div. Chief, Saranac Lake, Franklin 

county. 
E. A. Dorlon, Fisheries Protector, Acting Div. Chief, Freeport, 

Nassau county. 

Protectors. 
Name. Residence. County. 

Ball, J. E .« Old Forge Herkimer. 

Barnes, C. T Olmsteadville. . . Essex. 

Beebe, Carl A Painted Post Steuben. 

Birch, E. J Amsterdam Montgomery. 

Bower, Samuel E Pleasant Valley. Dutchess. 

Boyd, Sterling Pulteney Steuben. 

Broderick, J. W Niagara Falls. . . Niagara. 

Burhans, Edwin Kingston Ulster. 

Burnett, Wm. H Lake George. . . . Warren. 

Burnside, Lewis H Norwich Chenango. 

Cloyes, Willis D Cortland Cortland. 

Colloton, J. A ... Albany Albany. 

Culver, Chester C Penn Yan Yates. 

Daugherty, E.J Lakewood Chautauqua. 

DeWoolf , H. C Batavia Genesee. 

Doty, Wm. J Sheridan Chautauqua. 

DoVille, C. T Sodus Point Wayne. 

Farley, Wm. C Waverly Tioga. 

Farnham, P. S Owego Tioga. 

Featherston, I. E Ausable Forks.. . Clinton. 

Ferguson, A. C West Sand Lake . Rensselaer. 

Ferree, W. D Cayuga Cayuga. 

Geenan, Edw Buffalo Erie. 

Grant, R. Hume Hobart Delaware. 

Grenon, J. P Tupper Lake .... Franklin. 

Hand, Jay Cranberry Lake.. St. Lawrence. 

Hayes, James Olean Cattaraugus. 

Hazelton, Miles Middleburgh. . . . Schoharie. 

Hazen, E. A Hammond St. Lawrence. 

Helmes, David G Deerland Hamilton. 

Hincher, Thurlow Hilton Monroe. 



192 Roster of Fish and Game Protectors. 



Name. Residence. County. 

Hodge, W. C Buffalo Erie. 

Hoffman, Fred Buffalo Erie. 

Horton, H. A New Suffolk Suffolk. 

Irons, Wm, H Lockport Niagara. 

Jones, Elmer . Holland Patent.. Oneida. 

Kinsman, Emery Harrisville Lewis. 

Leavitt, W. J Dolgeville Herkimer. 

Lee, Chas. E Islip Suffolk. 

McCormack, J. T Brooklyn Kings. 

Marsh, Thos. E Castile Wyoming. 

Mattison, S. G Altmar Oswego. 

Moore, Alex Merriwold Sullivan. 

Noble, Geo. R Wellsville Allegany. 

Northrup, Joseph Alexandria Bay. . Jefferson. 

Norton, Duane Glenfield Lewis. 

Reed, W. L Canandaigua. . . . Ontario. 

Reynolds, E. H Col ton St. Lawrence. 

Rice, John G Albion Orleans. 

Riley, Charles Plattsburg Clinton. 

Sauter, J. V New York New York. 

Sargent, W. S Theresa Jefferson. 

Scott, N. A Greenfield Centre Saratoga. 

Scott, S. S Fillmore Allegany. 

Seckington, D. W Elizabethtown. . . Essex. 

Smith, J. R Norway Herkimer. 

Somerville, Robert Sodom Warren. 

Speenburgh, D. C Hunter Greene. 

Stanyon, Frank Wells Hamilton. 

Stapley, Chas. R Geneseo Livingston. 

Sutton, Geo. E Mount Kisco. . . . Westchester 

Tarbell, Newton B Malone Franklin. 

Thompson, H. H Rochester Monroe. 

Vann, J. B Ithaca Tompkins. 

Warren, R. E Hampton Washington. 

Weed, W. J Montour Falls. . . Schuyler. 

Weston, W. H Syracuse Onondaga. 

Williams, A. P Mannsville Jefferson. 

Willis, John Oneida Madison. 

Winch, Cassius Upper Jay Essex. 

Winslow, Alvin Stony Creek. . . . Warren. 

Woolf, Orlando C Elmira Chemung. 

Worden, Chas. G Oriskany Oneida. 



Fisheries Protectors. 

Dorlon, E. A Freeport Nassau. 

Hicks, Edgar West New- 
Brighton.. Richmond. 
Squires, C. A Echo Suffolk. 



Jamaica Bay Protectors. 

Gallagher, Edmund Brooklyn ....... Kings. 

Haff, Harry P Islip Suffolk. 



Roster of Fish and Game Protectors. 193 



Hatchery Foremen. 

Hatchery. Foreman. Address. 

Adirondack Milo F. Otis Upper Saranac. 

Caledonia Frank Redband Mumford. 

Chautauqua R. R. Brown Bemus Point. 

Cold Spring C. H. Walters Cold Spring Har- 
bor. 

Delaware H. E. Annin Margaretville. 

Fulton Chain W. H. Burke Old Forge. 

Linlithgo G. E. Winchester Linlithgo. 

Oneida Geo. F. Scriba Constantia. 

Pleasant Valley*.. Henry Davidson R. F. D. 4, Bath. 



194 Roster of Fire Superintendents and Patrols. 

ROSTER OF FIRE SUPERINTENDENTS 
AND FIRE PATROLS. 



FIRST DISTRICT. 

Comprising Clinton, Essex and Franklin Counties. 
M. C. Hutchins, Superintendent, Ellenburgh Depot. 

CLINTON COUNTY. 
Regular Patrolmen. 
Keeseville Geo. B. Thompson. 

Observation Station. 
Lyon Mountain B. J. Sanford. 

Supervisors. 

Keeseville Joshua I. Arthur. 

Ellenburerh Pepot Cyrus Myers. 

Ausable Forks Thos. G. Ryan. 

Lyon Mountain C. E. Niblette. 

Ellenburgh Center John H. Moore. 

Saranac James L. Burke. 

ESSEX COUNTY. 
Regular Patrolmen. 

Lake Placid Fred Brittell. 

Minerva B. B. Bibby. 

Schroon Lake Samuel Russell. 

Schroon River Andrew Anderson. 

Elizabethtown Carl Daniels. 

Special Patrolmen. 

Saranac Lake W. S. Fowler. 

Newman Ruf us Alford. 

Minerva Aldred Kayes. 

Blue Ridge Joseph Hamner. 

Cascadeville Charles Goff. 

St. Huberts W. Scott Brown. 

Loch Muller. . . Tt Arthur E. Warren. 

Newman Ira Lyon. 

Observation Stations. 

Whiteface Mountain M. L. Reid. 

Pharoah Mountain A. L. Pitkin. 

Hurricane Mountain Joseph Denton. 

Plantation Patrolmen. 
Chubb Hill Frank J. Noone. 



Roster of Fire Superintendents and Patrols. 195 

Supervisors. 

Keeseville J. H. Smith. 

Elizabethtown R. B. Dudley. 

Ausable Forks R. T. Kenyon. 

Cascadeville H. H. Nye. 

Lewis Harry E. Derby. 

Minerva John Donnelly. 

Port Henry Seward H. Foote. 

Newcomb A. E. Bibby. 

Lake Placid B. W. Lewis. 

Schroon River J. R. Carson. 

Schroon Lake C. T. Leland. 

Wilmington James Wolfe. 

Bloomingdale N. D. Barnard. 



FRANKLIN COUNTY. 
Regular Patrolmen. 

Lake Clear Junction A. I. Vosburgh. 

Tupper Lake T. W. Collins. 

Special Patrolmen. 

Alder Brook David Fadden. 

Axton Frank Eldred. 

Coreys Charles Wardner. 

Faust " William Snyder. 

Gile Earl F. Day. 

Kildare Geo. W. Best. 

Loon Lake Edw. Digneau. 

Lake Kushaqua S. L. Page. 

McColloms C. A. McArthur. 

Onchioto C. H. Torney. 

Paul Smiths B. A. Munsell. 

Santa Clara Newell Lee. 

Upper Saranac Willard Boyce. 

Vermont ville Geo. B. Taylor. 

Observation Stations. 

St. Regis Mountain Geo. F. Brown, Jr. 

Mount Morris Richard uile. 

Plantation Patrolmen. 

Paul Smiths John C. Downs. 

Harrietstown Charles Donaldson. 

Supervisors. 

Tupper Lake E. M. Austin. 

Owl's Head H. R. Glazier. 

Gabriels Chas. J. Reilly. 

Duane W. H. Spragu'e. 

Franklin Falls Edward St. Clair. 

Saranac Lake J. A. LaTour. 

Bay Pond John Redwood. 

St. Regis Falls O. L. Wilson. 



196 Roster of Fire Superintendents and Patrols. 

SECOND DISTRICT. 

Comprising Fulton, Hamilton, Saratoga, Warren 
and Washington counties. 

A. D. Lowe, Superintendent, Northville, Fulton 
county, N. Y. 

FULTON COUNTY. 
Regular Patrolmen. 
Northville E. C. Roberts. 



II 



Supervisors. 

Bleecker John M. Peters. 

ohnstown Guy Durey. 

y field Merl Haines. 

Stratford Joseph Helterline. 

HAMILTON COUNTY. 

Regular Patrolmen. 

Long Lake P.J. Cunningham. 

Speculator Abe Lawrence. 

Hope B. Frank Kathan. 

Indian Lake Geo. H. Tripp. 



Special Patrolmen. 

Pine Lake Alex Budin. 

Forked Lake R.J. Hosley. 

Cedar Lake Willis E. Brooks. 



Observation Stations. 

Snowy Mountain Frank Washburn. 

Hamilton Mountain Alfred Pelcher. 

Cat Head Mountain Seth Wadsworth. 



Supervisors. 

Piseco John Rourke. 

Benson Lewis L. Snell. 

Hope Falls S. M. Brownell. 

Indian Lake G. F. Morehouse. 

Speculator R. V. Slack. 

Long Lake H. D. Kellogg. 

Morehouseville H. F Kreuzer. 

Wells John W. Babcock. 



SARATOGA COUNTY. 
Regular Patrolmen. 
West Day Frank R. Smith. 



Roster of Fire Superintendents and Patrols. 197 



Supervisors. 

Corinth Heman S. Clothier. 

Day Charles Van Avery. 

Edinburgh D. O. Grinnell. 

Hadley F.J. Dunn. 

WARREN COUNTY. 

Regular Patrolmen*. 

West Stony Creek Charles Brooks. 

Hague Charles Wheeler. 

North Creek Joseph Little. 

Special Patrolmen. 

Luzerne Nathan Pulver. 

Garnet C. F. Kenyon. 

Observation Stations. 

Gore Mountain Frank J. Whaley. 

Prospect Mountain Arthur Irish. 

Supervisors. 

Warrensburgh William J. Thomas. 

Lake George Edwin J. Worden. 

Chestertown Jesse F. Thurston. 

Hague '. Richard J. Bolton. 

Horicon Samuel C. Baker. 

North Creek William H. Noxon. 

Luzerne Wilson J. Hall. 

Stony Creek L. W. Brooks. 

The Glen Thos. E. Goodman. 

Warrensburgh Alfred J. Pitcher. 

WASHINGTON COUNTY. 
Regular Patrolmen. 
Corrs*ock Lawrence C. Baker. 

Supervisors. 

Whitehall Herbert A. Barber. 

Fort Ann John Sullivan, Jr. 

Putnam Station Geo. I. Li'.lie. 

THIRD DISTRICT. 

Comprising Herkimer, Oneida, Lewis and St. 
Lawrence counties. 

James D. McBride, Superintendent, Old Forge, 
Herkimer county, N. Y. 

HERKIMER COUNTY. 
Regular Patrolmen. 

Little Falls R. S. Spears. 

Beaver River David Conkey. 



19S Roster of Fire Superintendents and Patrols. 

Special Patrolmen. 

North Wilmurt Jesse C. Withers. 

Beaver River J. H. Wilder. 

Big Otter Lake W. D. Crandall. 

Wilmurt Lewis Fagan. 

Fulton Chain T. J. Bannon. 

Ohio Ray G. Mcintosh. 

Ohio Robert Conklin. 

North Wood Nicholas Schumacher. 

Observation Stations. 

Fort Noble Mountain Perry Cole. 

Beaver Lake Mountain John H. Bintz. 

Supervisors. 

Cold Brook, R. F. D. 1 Eugene Hemstreet. 

Cold Brook Frank Coonradt. 

Salisbury Center H. A. Dodge. 

Wilmurt James Lanson. 

Fulton Chain E. B. Pullman. 

LEWIS COUNTY. 

Regular Patrolmen. 

Croghan William Waterhouse. 

Bush's Landing D. A.. Williams. 

Port Leyden Ray E. Bishop. 

Special Patrolmen. 

Loweville Henry Turck. 

New Bridge L. D. Spicer. 

Croghan R. J. Kelly. 

Crystaldale Stephen Baker. 

Harrisville Joseph L. Menard. 

Chase's Lake Geo. V. Norton. 

Newton Falls H. M. Clark. 

Croghan Christopher Yousey. 

Crystaldale Herman Petrie. 

Newton Falls A.M. Butli. 

Supervisors. 

Croghan Isidore Tiss. 

Harrisville Don F. Sprague. 

Greig Chester A. Loman. 

Port Leyden Dennis M. Coe. 

ONEIDA COUNTY. 

Special Patrolmen. 

White Lake Corners Roswell Putney. 

Otter Lake R. G. Norton. 

Supervisors. 

Forestporc Frank Tracy. 

Remsen Charles M. Williams. 



Roster of Fire Superintendents and Patrols. 199 

ST. LAWRENCE COUNTY. 

Regular Patrolmen. 

Piercefield William O'Erien. 

Oswegatchie C. C. Brundage. 

Stark W. W. Reynolds. 

Cranberry Lake Wm. Bancroft. 

Special Patrolmen. 

Aldrich A. Collins. 

Childwold Hiram Jebo. 

Childwold Dean Sea vy. 

Colton H. L. Gleason. 

Cranberry Lake M. L. Wicks. 

Gale John H. Robare. 

Holleywood James Ferry. 

Moody Daniel Hinkson. 

Oswegatchie Stephen Hayes. 

Star Lake C. C. Davis. 

South Colton J. M. Douglas. 

South Colton F. S. Williamson. 

Seavy Archie Shortliff. 

Stark Elmer Watson. 

Tupper Lake John Watson. 

Wanakena R. H. Hanley. 

Clare .- C. H. Isham. 

Clare Thomas Shaw. 

Uzonia Robeit Day. 

Observation Stations. 

Cat Mountain G. A. Muir. 

Moosehead Mountain John W. Hinkson. 

Supervisors. 

Clare D.N. Dean. 

Benson Mines Henry J. Corbitt. 

Colton Joseph T. Smith. 

t ine t'. V . Dowling. 

Parishville O. H. Copell. 

Gala I.E. Gale. 

Harrisville, R. D. 2 Noel Aldoes. 

HAMILTON COUNTY. 

Regular Patrolmen. 

Raquette Lake Daniel Lynn. 

Sumner Creek W. M. Wright. 

Observation Station. 
West Mountain Cal LaPrairie. 

Supervisors. 
Inlet F. E. Tiffany. 



200 Roster of Fire Superintendents and Patrols. 



FOURTH DISTRICT. 

Comprising Delaware, Greene, Sullivan and Ulster 
counties. 

Stratton D. Todd, Superintendent, P. O. Arkville, 
Ulster county, N. Y. 

DELAWARE COUNTY. 
Regular Patrolmen. 
Union Grove Emory Jenkins. 

Special Patrolmen. 

Arkville D. B. Cole. 

East Branch John B. Hawk. 

Observation Station. 
Claudell Point John B. Hawk. 

Supervisors. 

Andes James W. Dickson 

Downsville Frank W. Hartman. 

Hancock Clayton L. Wheeler. 

Margaretville John W. Telford. 

GREENE COUNTY. 
Regular Patrolmen. 
Jewett Eugene Kurau. 

Special Patrolmen. 

Haines Falls Geo. H. Matthews. 

Lanesville Harry D. Lane. 

Observation Station. 
Hunter Mountain A.J. Connelly. 

Supervisors. 

Tannersville Edgar B. Goslee. 

Big Hollow William H. Woodworth. 

Lexington Herbert Kipp. 

Hensonville Sidney L. Ford, M. D. 

ULSTER COUNTY. 
Regular Patrolmen. 
Phoenicia Jay H. Simpson. 

Special Patrolmen. 

Hardenburgh Geo. H. Owen. 

Claryville Charles D. Hinckley. 

Slide Mountain Miles Parker. 

Tobasco W. H. Garsline. 






Roster of Fire Superintendents and Patrols. 201 

Observation Stations. 

Belle Ayre Mountain Charles Y. Persons. 

Balsam Lake Mountain Edward Avery. 

Supervisors. 

Claryville Lewis F. Bennett. 

Seager John E. Haynes. 

Olive Bridge Jacob Merrihew. 

Accord Daniel E. Schoonmaker. 

Pine Hill Walter G. Geroldsek. 

Wallkill William W. McElhone. 

Ellenville W. Kelly Shook. 

Bearsville Vactor Shultis 

SULLIVAN COUNTY. 
Regular Patrolmen. 
Glen Spey Edward Bisland. 

Special Patrolmen. 

Grahamsville H. R. Groo. 

DeBruce Edward Mitchell. 

Supervisors. 

Grahamsville Nathan Black. 

Roscoe William B. Voorhies. 

RAILROAD FIRE INSPECTORS. 

Adams S. B. Kellogg. 

Chateaugay Walter Murray. 

Oriskany C.J. Gibson. 

Plattsburgh D. S. Lombard. 

Walton A. B. Bruce. 



INDEX. 



A. Page 

Action, witnesses not excused from testifying 15 

for trespass on private lands 18 

for partition of lands 28 

for penalties, how brought 12 

costs in 13 

in justices' courts, when brought 13 

discontinuance of 13 

proceeds of. 13-14 

by private persons or societies 14 

exclusive power to bring certain 26-27 

to set aside cancellation of sales for taxes 27 

to determine title to land in Adirondack Park 27 

in forest preserve 27 

to perfect State's title or record title 27 

to lands in forest preserve counties 27 

where brought 28 

for trespass on Forest Preserve 29 

to restrain trespass or waste 29 

for penalty and damages for trespass, may be joined . 29 

no trespass when extinguishing fires 43 

for damages by fire may be directed by Commissioner 52 

proceeds of forest fires 53 

proceeds of, for certain violations 132 

by private persons and societies for shellfish viola- 
tions 132 

Acts, repealed by this chapter 141-163 

Adirondack Park, boundaries of 21 -24 

land may be appropriated in 31 

Adirondacks, certain fish not to be placed in 80 

Adirondack frost fish, may be placed in Adirondack 

region 80 

Adjustment of claims for property condemned 32 



204 Index. 

Page. 

Alien, how liable for violating certain provisions 75 

Allegany County, open season for trout in 77 

Angling, in waters inhabited by trout, fish to be taken 

only by 78 

bass taken otherwise, not to be sold or offered for 

sale 81 

fish to be taken only by, when 85 

defined '. 137 

Antelope, no open season for 58 

Antwerp Pigeons, when not to be taken or interfered 

with 68 

Appraisers, for examination of lands 38 

Appropriation of land, procedure for 31-32 

adjustment of claims for 32 

jurisdiction of Court of Claims, in claims for 33 

owner may reserve timber on 33 

timber reservation restricted on 34 

under reservation of timber, no damages for land 

taken 35 

no interest payable when timber reserved 37 

manner of service of notice 40 

limitations on power of 40 

Court of Claims to examine property 40 

for propagation of fish 88 

procedure on, for hatchery purposes 88-89 

adjustment of claims for 90 

Court of Claims to determine claims for 90 

Assessment of shellfish property 127 

Assistant Superintendent of Forests, Commissioner to 

appoint 6 

duties of ' 6 

Assistant Chief Game Protectors; appointment of 8 

Auditor of fire accounts, appointed by Commissioner .... 41 

salary of 41 

duties of 41 

Chief Fire Warden to be 41 



B. 

Bass taken otherwise than by angling not to be sold or 

offered for sale 81 

Baysnipe, open season for 67 

Bear Lake, provision for taking fish in '. .... 98 



Index. 205 

Page. 

Beaver, no open season for 60 

Commission may acquire for restocking 60 

Belgian Hares, no close season for £9 

Birds, not to be transported without State 71 

plumage, skin or body of certain birds not to be 

possessed for sale 69 

not to be sold 69 

of birds of paradise may be possessed and sold. . 139 

when transported, to be marked, how 71 

Bird and Game Refuge, see Game and Bird Refuge 18-19 

Black bass, open season for 81 

only to be taken by angling 81 

length of, which may be taken 81 

number to be taken in one day 81 

law as to in Orange lake 81 

law as to in Saint Lawrence river 81 

when may be taken in Cattaraugus county 98 

when may be taken in Chautauqua county 98 

open season for on Long Island 110 

denned 137 

Black River Bay, part of Saint Lawrence Reservation . . 25 

Black squirrels, open season for 59 

Blue Point oysters, prohibitions regarding 123 

Board of Commissioners, denned 138 

Board of Supervisors, to levy amount due for fire expense 

from towns 48 

Body of certain birds, not to be possessed for sale 69 

not to be sold 69 

Bond of Commissioner and Deputy Commissioner 5 

chief game protector 9 

game protectors 9 

for possession of fish and game ■ 130 

for sale of ducks, geese, brant and swan 62-63 

Box turtles, taking, killing and selling prohibited 6J 

Brant, open season for 62 

not to be taken in night time 62 

manner of killing 64 

possession of, presumptive evidence that they were 

taken within State, when 63 

manner of hunting in certain places 109 

when may be sold, if taken without the State 63 

bond to be given 63 

provision of 63 

penalty for violation of provisions of bond . 64 



206 Index. 

Page. 

Bullheads, manner of taking 83 

law as to taking with nets 85 

law as to taking, in Delaware and Sullivan counties. 98 
manner and time of taking in Chautauqua and Cat- 
taraugus counties 98 

C. 

Campers, information for 184 

Caribou, no open season for . 58 

Carp, not to be placed in certain waters 86 

law as to taking, in Delaware and Sullivan counties. 99 

Catfish, manner of taking 83 

law as to taking with nets 85 

Catskill creek, law as to nets in 95 

Catskill park, boundaries of 24-25 

land may be appropriated in 31 

Cattaraugus county, open season for trout in 77 

law as to fishing in 98 

manner and time of taking bullheads in 98 

Cattaraugus creek, open season for trout in Cattaraugus 

and Chautauqua counties 77 

Cayuga county, law as to eel weirs in 83 

open season for pheasants in 67 

when cock or male pheasants may be taken or 

possessed 68 

Cayuga lake, when and where nets may be used in 96 

Certificate to collect specimens for scientific purposes. . . 70 

Chaumont bay, law as to nets in 94 

part of Saint Lawrence Reservation 25 

Chautauqua county, open season for trout in 77 

law as to fishing in 98 

manner and time of taking bullheads in 98 

Chemung river, law as to eel weirs in 83 

Chenango county, open season for trout in 78 

Chief game protector, appointment of 8 

duties of 9 

bond of 9 

compensation of 9 

first assistant, compensation of 9 

second assistant, compensation of 9-10 

third assistant, compensation of 9-10 

fourth assistant, compensation of 9-10 



Index. 207 

Chief game protector — continued: Page. 

fifth assistant, compensation of 9-10 

to make report 11 

Civil service examinations, for protectors, confined to 

counties 9 

Civil Service Law, what fire employees to be exempt from. 46 

Claims for property condemned, adjustment of 32 

Claims for trespass, adjustment of 36 

Claims for land for hatchery purposes, adjustment of . . . 90 

presented to Court of Claims, when 90 

Clams, law as to taking about Staten Island 124 

Clerical force 5 

Clinton county, game protector in 8 

open season for deer in 56 

open season for trout in 77 

restrictions on fires to clear land 50 

Close season in towns, how established 105 

Closed season, defined 138 

Collection of birds' nests or eggs, for scientific purposes. . 70 

Collection of tax on shellfish property 129-130 

Commission, powers of 4 

may acquire wild moose and elk 59 

may acquire beaver for restocking 60 

rules for use of nets to be made by S6 

defined .' 138 

Commissioner, term of 4 

salary of 5 

bond of 5 

oath of 5 

duties of 6 

report of 7 

to appoint game protectors 8 

to appoint chief game protector 8 

to appoint assistant chief game protectors 8 

to appoint special game protectors 1? 

to employ necessary counsel 13 

may establish game and bird refuge 18-19 

powers of 26-2S 

to bring actions 27 

to set aside cancellation o!f sales for taxes 27 

to determine title to land in Adirondack Park 27 

in forest preserve 27 



208 Index. 

Commissioner — continned: Page. 

which an owner of land would be entitled to bring . . 27 

to perfect State's title or record title. . . .• 27 

in forest preserve counties 27 

may bring any other action 27 

powers of land office vested in 26 

may employ counsel 27 

to bring actions for trespass in Forest Preserve .... 29 

to contract for land to become public 30 

when to maintain fire patrol 42 

may appoint fire inspectors 41 

may organize fire patrol in any town in Forest 

Preserve 44 

to keep cost of maintenance of fire patrol 42 

to create fire districts 43 

to appoint superintendent of fires 43 

to formulate and enforce rules for preventing and 

fighting forest fires 44 

to provide fire fighting apparatus 44 

to establish observation stations 44 

to provide signals and signal codes for fighting fires. . 44 

to keep account of cost of fire patrol 42 

when to maintain fire patrol on railroads 42 

may designate game protectors as patrols 42 

to furnish county clerk statement of fire expense. . . 47 

to keep account of fire fighting expense 47 

may direct actions for damages by fire 52 

may take deer to restock parks 56 

to prepare and furnish blanks for hunting license. . . 74 

may acquire land for fish propagation 88 

may direct fishways to be placed in dams 104 

may establish close season in towns 105 

may make rules for taking sturgeon by set lines or 

trap lines 85 

power to take fish 106 

may purchase fish roe and fish eggs 106 

to appoint superintendent of marine fisheries. . . .115-116 

to appoint deputy superintendent of marine fisheries. 1 16 

to appoint clerical force for New York office 117 

to appoint fisheries protectors 118 

may appoint special fisheries protectors 119 

to assess tax on shellfish property 128 

Commissioners, members of Forest Purchasing Board. . . 30 

Commissioners, defined 138 



Index. 209 

Page. 

Commissioners of land office, transfer of powers of 26 

power to grant land under water not limited 122 

Common carrier, not to receive birds or game in un- 
marked package 71 

Companies subject to supervision of Public Service 

Commission 49 

Compensation of employees of Forest Purchasing Board. 38 

Compilation and digest of Forest, Fish and Game Law. . . 7—8 

Comptroller, to make deed on partition 28 

to deposit moneys to be distributed as provided by 

judgments 39 

Conesus lake, carp n»t to be placed or used in 86 

Coney Island, size of meshes of nets used in Ill 

Confidential secretary, Commissioner to appoint 6 

Coniferous trees, when cut in Forest Preserve counties, 

branches to be lopped 37 

Constables, powers of 12 

to have powers of fisheries protectors 119 

Construction of law 140 

Contract for land to become public 30 

land office to approve 30 

to be recorded 30 

Cortland county, open season for trout im 77 

Counsel, to be employed 13 

Commissioner may employ 27 

Costs, in actions 13 

when allowed by Court of Claims on claims for 

appropriation of land 39 

County clerk to receive statement of fire expense from 

Commissioner 47 

to deliver statement to board of supervisors 47-48 

Courts, criminal jurisdiction of 15 

criminal jurisdiction of, for certain violations. . . .133-134 

Court of Claims, jurisdiction of 33 

when costs allowed on claim for appropriation of 

land 39 

to examine property appropriated on request 40 

judge* to be paid, expenses of examining property.. 40 

claims for hatchery lands, presented to 90 

Criminal jurisdiction of courts 15 

for certain violations 133-134 

Croton aqueduct, law as to taking game on lands of 70 

Crumelbow creek, law as to taking suckers in 102 



aio Index. 

Page. 

Curlew, open season for G7 

open season for, on Long Island 100 

D. 

Damages for land appropriated, when paid, under 

reservation of timber 35-36 

Damages, value of reserved timber, to be considered, in 

arriving at 38 

Dams, to be equipped with fishways 104 

notice of construction to be given to Commissioner. 104 

Deer, open season 55-56 

domesticated deer, when may be transported 57 

when not to be taken in open season 56 

when may be possessed 57 

number which may be taken in open season 56 

not to be taken by device 56 

not to be taken while in water 56 

may be taken by Commission to restock parks 56 

when may be transported 57 

not to be hunted with dogs 58 

when possession by common carrier unlawful 57 

when common carrier may accept for transportation . 57 

when transported, to be accompanied by owner. . . . 57 

number to be transported by non-resident 75-77 

no open season on Long Island for certain period . . . 108 

Deer parks, wholly enclosed, open season for deer in 55-56 

Defacement of signs, penalty for 19 

Definitions, of words and phrases in article on marine 

fisheries 114-115 

of words and phrases 137-139 

Delaware river, law as to eel weirs in 83 

law as to nets in 95 

Delaware county, restrictions as to fires 50 

law as to taking certain fish in 98 

Deputy commissioner, appointment of 5 

salary of 5 

duties of 5 

bond of 5 

oath of 5 

Deputy superintendent of marine fisheries llu 

powers of 116 

salary of. . .• 116 

bond of 116 



Index. 2 1 1 

Page. 

Disposal of game and fish seized 7 

Digest of Forest, Fish and Game Law 7-8 

Division chief protectors, number of 8 

designated by Commissioner 8 

salary of 10 

Dog fish, law as to taking, in Delaware and Sullivan 

counties 100 

Dogs to be killed 58 

not to be harbored in camps 58 

Domestic fowl, plumage oi, may be possessed and sold. . . 139 

Domestic pigeons, plumage of, may be possessed and sold. 139 

Ducks, open season for 62 

when may be sold, if taken without the State 62-63 

bond to be given 62-63 

provisions of 59 

possession of, presumptive evidence that they were 

taken within State, when 63 

penalty for violation of provisions of bonds 64 

not to be taken in night time 62 

manner of killing 64 

open season for on Long Island 108 

manner of hunting in certain places 109 

Dutchess county, open season for deer in 53 

no open season for quail in, until 1913 66 

no open season for grouse in, until 1913 66 

when pheasants may be taken in 68 

law as to taking suckers in 102 

when woodcock may be taken and possessed in 66 

Duties of Commissioner 6 

superintendent of marine fisheries 118 

of Forest Purchasing Board 31 

of superintendent of fires 44-46 

E. 

Eel pots, law as to use of 83-84 

may be used in Otsego lake 98 

license to use, must be obtained 84 

Eel weirs, law as to use of 83-84 

license to use, must be obtained 84 

Elk, no open season for 58 

may be acquired by Commission 59 



2i2 Index. 

Paob. 

English pheasants (see pheasants) 67 

when may be taken on Robins and Gardiners Islands. 110 

not to be taken in Richmond county prior to 1914. . 69 

English snipe, open season for 67 

Erie county, open season for pheasants in 67-68 

when cock or male pheasants may be taken or 

possessed 68 

Essex county, game protector in 8 

restrictions as to fires 50 

law as to taking certain fish 100 

open season for deer in 56 

open season for trout in 77 

European grey-legged partridge, no open season for 65 

Explosives, prohibited 88 

effect of possession of 88 

Extension of close seasons 101 



F. 

Fall creek, Ithaca, extension of close season in 101 

Fallows, law as to burning of 50 

Fire districts 43-44 

to be laid out by Commissioner 43 

Fire inspectors, Commissioner may appoint 41 

salary of 41 

duties of 41 

not to compromise or settle any violation 11 

out of court 11 

without order of Commissioner 11 

violation of, a misdemeanor 11 

Fire patrol *. 43-44 

cost of, a State charge 47 

to make report to Commissioner 43 

account of cost of to be kept by Commissioner 42 

cost to be paid by railroads 42-43 

when permission of for fires to clear land required. . . 50 

by railroads, in forest preserve counties 42 

on railroads, to be transported without charge 42 

when Commissioner to maintain 42 

system, rules and regulations for, to be made by 

Commissioner 43 



Index. 213 

Page. 

Fire patrolmen, duties of 45-46 

supplies for 45 

compensation of 46 

penalty for failure to perform duty 47 

to make report 46 

not to compromise or settle any violation 11 

out of court 11 

without order of Commissioner 11 

violation of, a misdemeanor 11 

roster of 194-201 

Fire Superintendents, appointment of 43 

duties of 44-45 

salary of 43-44 

not to compromise or settle any violation 11 

out of court 11 

without order of Commissioner 11 

violation of, a misdemeanor 11 

to make report 46 

roster of 194-201 

Fires, for the burning of fallows 50 

Fires to clear land, restrictions on 50 

where restriction applies 51 

Fires, rules and regulations to prevent 172-173 

who may be summoned to fight 45-46 

penalty for refusal to obey summons 46 

when expense of may be recovered 52 

when an act of setting, is punishable according to 

provisions of penal code 51 

when negligence in connection with, is punishable 

according to provisions of penal code 51 

when damages by, may be recovered 51-52 

penalty for destruction of trees by 51-52 

circumstances under which prima facie evidence of 

negligence is established 52 

to clear land, application of section permitting 50 

Fish, manner of taking 85 

disturbance of, prohibited 86 

not to be taken by drawing off water 87-88 

not to be taken by explosives 88 

may be transported if taken within State 71 

when transported how to be marked 71 

may be transported when taken or produced without 

State, when 71 



214 Index. 

Fish — continued: Page. 

land may be acquired for propagation of 88 

local provisions 93-94 

may be taken by Commissioner with nets 106 

possession of, denned 139 

bond for possession of 139-140 

Fish culturist, appointment and salary of 5 

Fish eggs, Commissioner may purchase 106 

Fish roe, Commissioner may purchase 106 

Fish seized, disposal of 7 

Fisheries protectors 118 

compensation of 119 

bonds of 118 

to destroy nets 119-120 

Fishing through ice, in waters inhabited by trout, pro- 
hibited 80 

Fishing in Otsego lake 97 

Fishways, fishing in prohibited 83 

in dams on order of the Commissioner 104 

in Franklin county 105 

in Saint Lawrence county 105 

Foremen of hatcheries 193 

Forests, Assistant Superintendent of 6 

Forest fires, rules to prevent 26 

prohibited 51-53 

penalty for in certain cases 51-52 

proceeds of actions for 53 

rules and regulations to prevent 172-173 

Forest, Fish, and Game Commission 4 

Forest, Fish, and Game Law, compilation and digest of. . 7 

construction of 140 

compromise or settlement of, violation of, a mis- 
demeanor 11 

Forest Preserve, what constitutes 21 

counties denned 139 

Commissioner to have supervision of 26 

trespass on 29 

requirements of railroads in 48 

Forest products, statistics of 55 

Porest Purchasing Board, Commissioners to be desig- 
nated by Governor 30 

powers of 30 

duties of 31 



Index. 215 

Forest Purchasing Board — continued: Page. 

may appropriate land 31 

to adjust claims for trespass 36-37 

to appoint appraisers 38 

to fix compensation of employees 38 

to perfect title to lands 3S-39 

limitations on power to appropriate land 40-41 

Foresters, to report trespass in Forest Preserve 29 

Forests information on 26 

Forgery, to alter hunting license 73 

Franklin county, game protector in 8 

restrictions as to fires 51 

open season for deer in 56 

open season for trout in 77 

fishways in 105 

Frostfish, law as to taking with nets 85 

Fulton county, open season for deer in 56 

open season for hares and rabbits 59 

restrictions as to fires 50-51 

when pheasants may be taken in 67-68 

open season for trout in 77 

G. 

Game seized, disposal of 7 

Game not to be transported without State 71 

possession of, defined 139 

bond for possession of 139-140 

Game and bird refuge, how formed 18 

commissioner may regulate taking of birds on 18-19 

prohibition or regulation not to exceed 10 years. . . . 18-19 

copy of prohibition or regulation to be filed 19 

copies to be posted 19 

violation of prohibition or regulation a misdemeanor. 19 
penalty for violation 19 

Game protectors, appointment of 8 

bond of 9 

compensation of 9 

powers and duties of 10 

roster of 191- 194 

to make reports 11 

to report trespass in Forest Preserve 29 

may be detailed to act as fire patrols 42 

to kill dogs in certain cases 58 



2 1 6 Index. 

Game protectors — continued: Page. 

may destroy nets unlawfully used 90-91 

not to compromise or settle any violation 11 

out of court 11 

without order of Commissioner 11 

violation of, a misdemeanor 11 

to act as patrols when detailed by Commissioner. . . 42 

Gallinule, open season for 67 

open season for, on Long Island 109 

Garbage not to be thrown in Long Island Sound 126 

Gardiners Island, law as to 110 

English pheasants, when may be taken on 110 

Geese, open season for 62 

not to be taken in night time 62 

manner of killing 64 

open season for, on Long Island 108 

possession of, presumptive evidence that they were 

taken within State, when 63 

manner of hunting in certain places 109 

when may be sold, if taken without the State 62 

bond to be given 62-63 

provisions of 63 

penalty for violation of provisions of bond . 64 

Gender, under marine fisheries article, defined 115 

Gender, to be disregarded, when 138 

General secretary, Commissioner to appoint 6 

Genesee county, open season for pheasants in 68 

when cock or male pheasants may be taken or pos- 
sessed 68 

Genesee river, open season for trout in 77-78 

Governor, to designate members of Forest Purchasing 

Board 30 

acquisition of land on consent of 30-31 

when may make proclamation prohibiting taking of 

fish aad game 53-54 

contents of proclamation 54 

when may extend time for taking fish, fowl, birds 

or quadrupeds 54 

Gray squirrels, open season for 59 

Greene county, restrictions as to fires 50-51 

Grouse, open season for 65 

no open season for, in Dutchess county until 1913. . 66 
number to be taken in an open season 65 



Index. 217 

Grouse — continued: Page. 

number to be taken in one day 65 

taken in State, not to be bought or sold 65 

possession of, presumptive evidence 65-66 

from without State, when to be bought or sold. ... 65 

bond to buy and sell 65 

law as to transportation of 67 

effect of possession of, by common carrier 67 

when to be sold and possessed 66 

not to be taken by net, trap, or snare 69-70 

open season for, on Long Island 109 

denned 137 

Gufhns bay, part of Saint Lawrence Reservation 25 

H. 

Hamilton county, game protector in 8 

restrictions on fires to clear land 50-51 

open season for deer in 55-56 

open season for trout in 77 

Hares, open season. for 59 

number allowed to be taken 59 

open season in Fulton county 59 

when may be taken to prevent injury to property. . 59 

open season for, on Long Island 108 

Harlem river, nets in, prohibited 96 

close season for oysters in 123 

Hatcheries, land may be appropriated for 88 

Hatchery foremen, roster of 193 

Hemlock lake, carp not to be placed or used in 86 

Henderson bay, part of Saint Lawrence Reservation .... 25 

Herkimer county, game protector in 8 

restrictions as to fires 50-51 

open season for deer in 55-56 

open season for trout in 77 

Homing pigeons, when not to be taken or interfered with. 68 

Hooking, when and where fish may be taken by 99-100 

defined 139 

Hounding, prohibited 58 

Hudson river, law as to nets in 95-96 

oysters not to be replanted from 123 

Hungarian partridges, not to be taken in Richmond 

county prior to 1914 69 

no open season for 65 

Huntinc license, see License 71-7fi 



218 Index. 

I. Page. 

Inclosed, defined 138 

Information for campers 184 

Imprisonment, not to satisfy judgment 15 

Inspectors, to report trespass in Forest Preserve 29 

Inspection of oyster beds 130 

Interest, not payable when timber is reserved 37 

Islands, what, are part of Saint Lawrence Reservation. .25-26 

J- 

Jack rabbits, no close season for 59 

Jacksnipe, open season for 67 

open season for, on Long Island 109 

Jail liberties, person imprisoned not admitted to 14 

Jamaica bay, game protectors for 9 

Jamaica bay protectors, compensation of 10 

Jamaica bay and adjacent waters, law as to taking 

fish in 110-111 

Jefferson county, game protector in 8 

open season for deer in 55-56 

Joinder of action, for penalty and damages for trespass. . 29 

Jones Inlet and adjacent waters, law as to nets'in 112 

Judgments, how enforced 14 

for certain violations, how enforced 133 

for damages for land appropriated, what to provide 

in certain cases 39 

Jurisdiction, of courts in criminal prosecutions 15 

of Court of Claims 33 

K. 

Keuka lake, carp not to be placed or used in 86 

when lake trout may be taken in 78-79 

Kildeer, open season for, on Long Island 109 

Kings county, application of law to 108 

L. 

Labor, price to be paid for fighting fires 47 

Lacey Act, the 167-171 

Lake Champlain, regulations as to taking fish in 87 

Lake Erie, open season for lake trout and white fish in. . 78 

law as to nets in 94 

Lake Keuka, open season for lake trout in 78-79 

law as to taking fish in 99-100 






Index. 2 1 9 

Page, 
Lake Ontario, open season for lake trout and whitefish in. 7S 

law as to nets in 94 

Lake trout, not to be disturbed while spawning 7S 

open season for 78 

taken without the State, when may be possessed 

and sold 79 

when may be taken in Skaneateles and Keuka lakes. 78-79 

length of, which may be taken 78-79 

law as to transportation cf 79 

not to be taken for stocking 80 

may be placed in Adirondack region 80 

open season for, on Long Island 110 

denned 137 

Lands, not to be sold on partition 28 

Land appraisers, to report trespass in Forest Preserve . . 29 

Land turtles, taking, killing and selling prohibited 60 

Leases, for cultivation of shellfish 120-122 

for cultivation of shellfish, manner of letting 120 

for cultivation- of shellfish, renewal of 120-121 

for cultivation of shellfish, collection of rent for. ... 122 

for shellfish culture to be recorded and fees for 135 

Legislature, report to 7 

Lewis county, game protector in 8 

restrictions as to fires 50-51 

open season for deer in 55-53 

Levy, of tax on shellfish property 128-129 

License, for taking minnows for bait 84-85 

License, by non-resident to take fish 102 

to take sturgeon by set lines and trap lines 85 

for vessels engaged in fishing 135-136 

for vessels engaged in fishing, amount of 135-136 

License for hunting 71-75 

application for 72 

where procured 72 

fees for 72 

fees for, when and where remitted 72 

to be signed by licensee 73 

what acts permitted under 73 

altering of, constitutes forgery 73 

prosecution of violation as to : 73-74 

only one deer to be transported by non-resident 
under 74 



220 Index. 

License for hunting — continued: Page. 

county clerk to be reimbursed for expenses 75 

duty of city and town clerks as to returns for 75 

Licenses, rules and regulations for nets 185-190 

Liens on land appropriated, to be provided for in judg- 
ments on claims therefor 39-40 

Limitations on taking real property 40-41 

Livingston county, when pheasants may be taken in. . . .67-68 

open season for tr»ut in 77 

Lobsters, required length of 125 

Long Island sound, application of law to 10S 

Long Island, application of article on 10S 

no open season for deer on, for certain period 10S 

open season for ducks on 10S 

open season for hares on 108 

open season for rabbits on 108 

open season for swan on 10S 

open season for wild fowl on 10S 

open season for squirrels on 10S 

open season for grouse on 10.) 

open season for curlew on 10.) 

open season for gallinule on 10;) 

open season for jacksnipe on 109 

open season for kildeer on 109 

open season for meadow hens on 109 

open season for mud hens on 109 

open season for plover on 109 

open season for quail on 109 

open season for ringnecks on 109 

open season for oxeyes on 109 

open season for surf snipe on 109 

open season for trout on 110 

open season for winter snipe on 109 

open season for willett snipe on 109 

open season for wilsons snipe on 109 

open season for woodcock on 109 

open season for yellow legs on 109 

open season for black bass on 110 

open season for lake trout on 110 

open season for rainbow trout on 110 

Long Island sound, garbage not to be thrown in 126 

Lopping of limbs of coniferous trees 37 



Index. 221 

M. Page. 

Marine fisheries, defined 114 

bureau of 115 

Martin, open season for 60 

Maskalonge, open season for 82 

required length of 82 

when may be tak«a in Cattaraugus county 98 

when may be taken in Chautauqua county 98 

Meadow hens, open season for, oa Long Island 109 

Mink, open season for 60 

Minnows, law as to taking for bait 84-85 

license for taking for bait 84-85 

when may be taken by nets, without license 85 

Misdemeanor, punishment of 15 

compromise or settlement of violation of Forest, 
Fish and Game Law by game protectors, fire 
superintendents, fire patrolmen or inspectors, 

constitutes 11 

punishment of for certain violations 134 

Missisquoi bay, transportation of fish caught in, pro- 
hibited 7. 103 

Mongolian ring-necked pheasants (see pheasants) 67 

Monroe county, when pheasants may be taken in 67-68 

Mudhen, open season for 67 

open season for, on Long Island 109 

Municipality may recover money expended for fighting 

fires 52 

Muskrat, open season for 60 

houses, not to be injured or destroyed 60 

N. 

Nassau county, application of law to 103 

supervisors may pass fish and shellfish regulations. . 112 

Nassau lake, carp not to be placed or used in 83 

Nests, of wild birds, with certain exceptions, not to be 

destroyed or robbed 69 

Net licenses, rules and regulations for 185-190 

Nets, not to be used for taking birds 69-70 

requirements as to meshes of 85 

what fish may be taken with 85 

to be licensed 86 

rules for, filed in Secretary of State's office 86 

to be destroyed 90-91 



222 Index. 

Nets — continued: Page. 

expenses of seizure, county charge 91 

in lakes Ontario and Erie 94 

in Chaumont bay and adjacent waters 94-95 

in Hudson and Delaware rivers and adjacent waters. 95-96 
prohibited in Harlem river and adjacent waters. ... 96 

in -Seneca lake 96-97 

when and where may be used in Cayuga lake 96-97 

for taking minnows, when not to be licensed 85 

fish may be taken by Commissioner with 106 

law as to use in Jones inlet and adjacent waters.. . . 112 

to be destroyed by fisheries protectors 119-120 

New York office and clerical force 117 

Niagara county, open season for pheasants in 67-68 

when cock or male pheasants may be taken or pos- 
sessed 68 

Niagara river, law as to taking fish in 93-94 

Niagara county, no open season for squirrels in 59 

Non-resident, hunting license for 72 

how liable for violation of certain provisions 75 

law as to taking fish by 102 

fishing license 102 

Notices, for establishment of private parks 17 

how served on appropriation of land 40 

service of, on appropriation of hatchery land 89 

of construction of dam 104 

Number, under marine fisheries article, when to be dis- 
regarded 115 

O. 

Oath of Commissioner and Deputy Commissioner 5 

Oatka creek, open season for trout in town of Gaines- 
ville, Wyoming county 77-78 

Obstruction of streams, prohibited 88 

Office of Commission 5 

Oil Creek reservoir, law as to taking fish from 101 

Oneida county, open season for deer in 55-56 

restrictions as to fires 50-51 

Ontario county, when pheasants may be taken in 67-68 

Ontario, lake, portion of, m Saint Lawrence Reservation. 25-26 

Open season, defined 138 

Orange county, open season for deer in Deer park 56 

open season for lake trout in 78 






Index. 223 

Page. 

Orange lake, law as to taking black bass in SI 

Orleans county, when pheasants may be taken in 67-68 

Oswego county, open season for pheasants in 67-68 

when cock or male pheasants may be taken or 

possessed 68 

Otsego lake, law as to fishing in 97 

Otsego bass may be taken in, how and when 97 

possession of, presumptive evidence 97 

eel pots may be used in 98 

Owasco lake, open season for lake trout in 79 

Owner of land taken, may reserve timber 33-C4 

Oxeyes, open season for on Long Island 109 

Oyster beds, protected 123-124 

inspection of 130-131 

Oysters, close season for in Harlem river 123 

not to be taken from Hudson river for replanting. . 123 

when not to be taken from South bay 123 

law as to taking about Staten Island 124 

P. 

Parks, Commissioner to lay out roads and paths in 26 

wholly enclosed deer, open season in 55-56 

Partitition of lands, actions for 28 

Patrolmen, roster of fire 194,201 

Partridge, no open season for Hungarian or European 

grey legged 65 

Penalty for trespass on Forest Preserve 29 

Penalties, for destruction of trees by fire 50-51 

for violation of article VI (quadrupeds) 60-61 

for violation of Article VII (birds) 75 

tor violation of Article VIII (fish, general pro- 
visions) 91-92 

for violation of Article IX (fish, local provisions) . . 103-104 

for violation of Article X (fishways, etc.) 106-107 

for violation of Article XI (Long Island Law) . . . 112-113 

for violation of certain provisions 126-127 

Prosecutions for violations of certain provisions 132 

Perch, manner of taking 83 

law as to taking with nets 85 

as to taking in Saratoga county 101 

Persons, under marine fisheries defined 115 

subject to supervision of Public Service Commission . 49 



224 Index. 

Page. 

Pheasants, no open season fer, except in certain counties, 

prior to 1914 67-68 

when and where the cock or male may be taken and 

possessed 68 

not to be sold or offered for sale 68 

number allowed to be killed, taken or possessed. ... 68 

when may be possessed for consumption 68 

open season in 1914 68 

English, where may be taken 110 

when may be taken 110 

Pheasant, denned 138 

Pickerel, open season for 81-82 

taken without the State, when may be sold or 

possessed 82 

when may be taken through ice 83 

length and number to be taken in Saint Lawrence 

river 101 

denned 137 

Pigeons, when not to be taken or interfered with 6 8 

Pike, open season for 81-82 

taken from without the State, when may be sold or 

possessed 82 

when may be taken through ice 83 

denned 137 

Plover, open season for 67 

open season for on Long Island 109 

Plumage, of certain birds, not to be possessed for sale 69 

not to be sold 69 

what plumage includes 139 

applies to birds coming from without the State. . . . 139 

not to be construed to apply to certain birds 139 

Pollution, law as to 87 

Pollution of shellfish waters, prohibited 126 

Possession of deer or venison, when lawful 57 

Possession defined 139 

Possession of fish and game, bond for 139-140 

Posting of notices, to establish private parks 17 

Powers of Commissioner 26-28 

of Public Service Commission 49 

over railroad companies 49 

over persons 49 

over any companies 49 



Index. 225 

Page. 

Private lands, protection of 18 

fish and game protected on 18 

Private parks, laying out 16-17 

posting and publication of notices for 16-17 

fish and game protected on 18 

Private person, may bring action 14 

Private society, may bring action 14 

Proceeds of actions, where payable 13 

Proclamation of Governor, prohibiting the taking ot fish, 

fowl, birds or game , 53-54 

contents of 54 

to be published 54 

penalty for violation of 54 

Protectors, appointment of 8 

Civil Service examinations for 9 

confined to counties 9 

compensation of 9 

roster of 191-193 

to make report 11 

to report trespass in Forest Preserve 29 

may be detailed to act as fire patrols 42 

to kill dogs in certain cases 58 

may destroy nets unlawfully used 90-91 

Publication of notices, to establish private park 16 

Public Service Commission, supervision of railroads in 

Forest Preserve 40 

supervision of persons 49 

supervision of any companies 49 

Pumpkin Seeds, law as to taking with nets 85 

Punishment, on conviction of misdemeanor 15 

Purchases in Adirondack Park 30 

Putnam county, open season for grouse in 65 

open season for quail in 64 

small-mouth black bass, length of, which may be 

taken in 81 

Q. 

Quail , open season for • 64 

no open season for, in Dutchess county until 1913. . 66 

number to be taken in open season 64 

number to be taken in one day 64 

taken in State, not to be bought or sold 65 



226 Index. 

Quail — Continued: Page. 

possession of is presumptive evidence of taking in 

State 65-66 

from without State, when to be bought or sold. ... 65 

bond to buy and sell 65 

when to be sold and possessed 66 

law as to transportation of 67 

effect of possession of by common carrier 67 

not to be taken by net, trap, or snare 69-70 

not to be taken in Richmond county prior to 1914. . 69 

open season for on Long Island 109 

when may be taken on Robbms and Gardiners 

Islands ' 110 

Queens county, application of law to 108 

supervisors may pass fish and shellfish regulations 112 

R. 

Rabbits, open season for 59 

open season for, in Fulton county 59 

bred in captivity, no close season for 59 

number allowed to be taken 59 

when may be taken to prevent injury to property. . . 59 

open season on Long Island 108 

Rail, open season for 67 

Railroad Companies, to pay cost of fire patrol 42-43 

to transport without charge fire patrol 42 

in Forest Preserve counties, to maintain fire patrol. . 42 

Railroads, in forest lands, requirements of 48 

subject to supervision of Public Service Commission. 49 

Rainbow Trout, open season for on Long Island 110 

Raritan Bay, law as to taking fish in 96 

Refuge, see Game and Bird Refuge 18 

Regulations, as to cutting reserved timber. . , 37 

Records and reports of game protectors 11 

Report, of Chief Game Protector 11 

Reports, of protectors 11 

Reports, of special game protectors 12 

Reports, of fire patrols of railroads 43 

Report of fire patrol, to be made to Commissioner 43 

contents of 43 

to be verified 43 

penalty for failure to make 43 

Reports, superintendent of marine fisheries to make. . . . 118 



Index. 227 

Page. 

Reservation, Saint Lawrence, what constitutes 25-26 

Reservation of timber, restricted 34-35 

no damages for land taken when 35 

Residents, only may take shellfish 125 

Richmond county, n# open season for squirrels in 59 

open season for lake trout in 78 

law as to taking fish in . 96 

quail not to be taken in prior to 1914 69 

English pheasants not to be taken in prior to 1914 . . 69 
Hungarian partridges not to be taken in prior to 1914 69 

Ringnecks, open season for on Long Island 109 

Roads, commissioner to lay out 26 

Robbins Island, law as to 110 

when English pheasants may be taken on 110 

Rockland county, open season for grouse in ... . 65 

open season for quail in 65 

open season for lake trout in 78 

Rondout creek, law as to nets in 96 

Roster of protectors 191-192 

Roster of hatchery foremen 193 

Roster of fire superintendents and fire patrols 194-201 

Rules, to prevent forest fires 172-173 

for net licenses 185- 1 00 



Sable, open season for 60 

Saint Lawrence county, game protector in 8 

restrictions as to fires 50-51 

open season for deer in 55-56 

open season for trout in 77 

fishways, in 105 

Saint Lawrence Reservation, what constitutes 25-26 

Saint Lawrence river, game protector for 8 

law as to taking black bass in 81 

required length of pickerel taken from 101 

number of pickerel to be taken in one day 101 

Sanitary inspection 130-131 

Saratoga county, restrictions as to fires 50-51 

law as to taking certain fish in 101 

©pen season for deer in 55-56 

open season for trout in 77 



228 Index. 



Page. 
Scientific purposes, birds, nests and eggs, may be col- 
lected for 70 

Search, without warrant, protectors to 10 

Search warrant, when required by protector 11 

when issued 15 

when issued under shellfish provisions 134 

Secretary, confidential, Commissioner to appoint 6 

general, Commissioner to appoint 6 

Secretary of State's office, rules for use of nets filed in. . . 86 

Seizure of nets, county to pay expenses of 91 

Seneca county, open season for pheasants in 67-68 

when cock or male pheasants may be taken or 

possessed 68 

Seneca lake, law as to nets in 96 

when and what fish may be taken by spearing in. . . 99 

Set lines, when and where fish may be taken by 100-101 

Service of notice, on appropriation of land 40 

on appropriation of hatchery land 89 

Shellfish 123 

cultivation of 120-122 

leases for cultivation of 120-122 

residents only may take 125 

dredging and raking for shellfish 124 

sale prohibited unless sanitary conditions certified . 131-132 

judgments for violations, how enforced 133 

Shell fisheries, sanitary inspection of 130-131 

Shellfisheries office, to transfer records of 116-117 

Shellfish leases, to be recorded and fees for 135 

Shellfish property, owners to make statement of 127 

assessment of 127-128 

tax on 128-129 

collection of tax on 129 

Shellfish violations, criminal jurisdiction of courts for. 133-134 

punishment for misdemeanor 134 

witnesses not excused from testifying on 134 

Shellfish waters, pollution of 126 

Sheriffs, powers of 12 

to have powers of fisheries protectors 119 

Short title 4 

Signs, not to be defaced 19 

Silver lake, extension of close season in 101 

Skaneateles lake, when lake trout may be taken in 79 



Index. 229 

Page. 
Skin of certain birds, not to be possessed for sale, not to 

be sold 69 

Skunk, open season for 60 

when may be killed 60 

Snares, not to be used for taking birds 69 

South bay, when oysters may be taken from 123 

Spearing, when and where fish may be taken by 98-100 

when and what fish may be taken by, in Seneca lake . 99 

Special fisheries protectors 119 

Special Game Protectors, appointment of 12 

powers of 12 

report of 12 

compensation of 12 

compensation in trespass action 29 

not to compromise or settle any violation 11 

out of court 11 

without order of Commissioner 11 

violation of, a misdemeanor 11 

Spring brook, open season for trout in 77-78 

Squirrels, open season for 59 

no open season for, in Richmond county 59 

no open season for, in Niagara county 59 

when may be possessed 59 

when may be sold 59 

open season on Long Island 10S 

State, to pay one-half of fire fighting expense 47 

may recover money expended for fighting fires 52 

State Commissioner of Health, to designate sanitary in- 
spectors 131 

State Engineer and Surveyor, to make description of land 

appropriated 3 1-32 

to make description of land and water appropriated .88-89 

State fish hatcheries, pollution of waters of, prohibited. . 87 

Staten Island, law as to taking oysters about 124 

law as to taking clams about 1 24 

Statistics of forest products 55 

Statutes, repealed by this chapter 140-163 

Streams, pollution of, prohibited 87 

not to be obstructed 88 

Striped bass, law as to 82 

Sturgeon required length of 82 

law as to taking with nets 85 

when may be taken by set lines and trap lines 85 



Index. 



Page. 

Suckers, law as to taking with nets 85 

law as to taking suckers in Dutchess county 102 

in Delaware and Sullivan counties 100 

Suffolk county, when pheasants may be taken in 67-68 

application of law to 10S 

supervisors may pass fish and shellfish regulations. . 112 

Sullivan county, restrictions as to fires 50-51 

law as to taking certain fish in 98-100 

open season for deer in : 55-56 

open season for lake trout in 78 

Sunfish, manner of taking 83 

law as to taking with nets 85 

Superintendent, under marine fisheries, article defined. . 115 

Superintendent of Forests, Commissioner to appoint. ... 6 

assistant 6 

to make report of statistics of forest products 55 

duties of 6 

reports of trespass to 29 

Superintendent of fires, appointment of 43-44 

salary of 43-44 

duties of 44-46 

when permission of, for fires to clear land, required . . 50 

to make report 46 

to create patrol districts 45 

when to employ fire patrolmen 45 

roster of 194-201 

Superintendent of marine fisheries 115-116 

salary of 116 

bond of 116 

duties of 118 

report of 118 

to collect rent of leases 122 

to decide controversies under leases 123 

Supervisor in every town to be member of fire patrol .... 44 

duties of, in relation to forest fires 44 

when permission of, for fires to clear land required. . 50 

Supervisors of Nassau county, may pass fish and shellfish 

regulations 112 

Supervisors of Queens county, may pass fish and shellfish 

regulations 112 

Supervisors of Suffolk county, may pass fish and shellfish 

regulations 112 



Index. 2 3 1 



Page. 

Surfbirds, open season for 67 

Surf snipe, open season for, on Long Island 109 

Susquehanna river, law as to eel weirs in 83-84 

Swan, open seasan for 62 

manner of killing 64 

not to be taken in night time 62 

open season for, on Long Island 108 

manner of hunting in certain places 109 

when may be sold, if taken without the State 62 

bond to be given 62 

provisions of 63 

penalty for violations of provisions of bond 64 
possession of, presumptive evidence that they were 

taken within State, when 63 

T. 

Taking, under marine fisheries article, defined 115 

Taking, defined 137 

Tax, levy and payment on, shellfish property 128-129 

collection of, on shellfish property 129-130 

Term of Commissioner 4 

Thumping, defined and prohibited 86 

Timber, may be reserved by owner of land taken 34-35 

when reserved, no damages for land taken 35 

regulations as to cutting, when reserved 35 

Timber reservation restricted 34 

Tioga county, open season for trout in 77 

Tip-ups, what fish may be taken with 83 

number to be operated by one person 83 

Title of law 4 

Title to lands, to be perfected 38-39 

action to perfect State's title or record title 27 

to be brought by Commissioner 27 

Town board, may request close season in town 105 

member of, to act in absence of supervisor 44 

Towns, may request close season through town board. . . 105 

to pay one-half fire fighting expense 47 

Transportation, of deer and venison, when lawful 57 

of game 67 

of quail 67 

of woodcock, when permitted 67 

without State, of birds and game prohibited 71 



232 Index, 



Transportation — Continued: Page. 

of birds and game in unmarked package, prohibited. 71 
not to apply to fish taken or produced without 

the State, when 71 

of trout and lake trout, law as to 79 

of fish from Province ot Quebec 103 

of game, United States Statute, regulating 167-171 

Traps, not to be used for taking birds 69 

Trees, branches of, when to be lopped 37 

penalty for failure to lop tops 37 

failure to lop tops a misdemeanor 37 

penalty for destruction of, by fire 51-52 

Trespass, damages for, on private lands 18 

adjustment of claims for 33 

defined 138 

Trespass on Forest Preserve 29 

arrest for 29 

penalty for 29 

when misdemeanor 29 

when felony 29 

Trout, open season for 77 

open season for in Oatka creek, town of Gainesville, 

Wyoming county 77-78 

open season for in Cattaraugus creek and Catta- 
raugus and Chautauqua counties 77 

length of, which may be taken 78 

not to be disturbed while spawning 78 

taken in this State not to be sold 78 

law as to private hatcheries 78 

angling only permitted in water inhabited by 78 

not to be taken for stocking 80 

may be taken for propagation 80 

may be placed in Adirondack region 80 

open season for on Long Island 110 

defined 137 

U. 

Ulster county, restrictions as to fires 50-51 

open season for lake trout in 78 

open season for deer in 56 

United States Statute, regulating transportation of 

game 167-171 



Index. 233 

V. P A r, E . 

Venison, when may be possessed 57 

when may be transported 57 

when common carrier may accept for transportation . 57 
when possession by common carrier unlawful 57 

Vessels, engaged in fishing, to be licensed 135-133 

W. 

Wappinger creek, law as to nets in 96 

Warrants, when drawn by Comptroller for land appro- 
priated 35 

Warres county, game protector in 8 

restrictions as to fires 50-51 

open season for deer in 55-56 

open season for trout in 77 

law as to taking fish in certain waters in 100-101 

Washington county, game protector in 8 

restrictions as to fires 50-51 

law as to taking certain fish in 100-101 

open season for deer in 55-56 

open season for trout in 77 

Water, drawing off forbidden 87-88 

Water chicken, open season for 67 

Wayne county, when pheasants may be taken in 67-68 

Weavers' lake, set lines, tip-ups and spearing, prohibited 

in 102-103 

Westchester county, no open season for grouse in 65 

open season for quail in 65 

law as to taking game in 70 

open season for lake trout in 78 

Whitefish, open season for 78-79 

taken without the State, when may be possessed 

or sold 79 

when not to be taken or possessed 79 

law as to taking with nets 85 

Wild birds, with certain exceptions, protected 69 

nests of, not to be destroyed or robbed 69 

Wild fowl, open season for 62 

open season for on Long Island 108 

Wild moose, may be acquired by Commission 59 

no open season for 58 

Willett snipe, open season for on Long Island 109 



234 Index. 

Page. 

Wilson snipe, open season for 67 

open season for on Long Island 109 

Winter snipe, open season for on Long Island 109 

Witnesses, not excused from testifying 16 

immunity for testifying 16 

not excused from testifying on shellfish violations. . 134 

Woodcock, open season for 64 

number to be taken in open season 64 

number to be taken in one day 64 

taken in State, not to be bought or sold 65 

without State, when to be bought or sold 65 

possession of, presumptive evidence 65-66 

bond to buy and sell 65 

law as to transportation of 67 

effect of possession of by common carrier 67 

when to be sold and possessed 66 

open season for on Long Island 109 

when may be taken on Robbins and Gardiners 

Islands 110 

when may be taken or possessed in Dutchess county. 66 

Wood duck, no open season for 62 

Wood turtles, taking, killing and selling prohibited 60 

Wyoming county, open season for trout in 77 

open season for pheasants in 67-68 

when cock or male pheasants may be taken or 

possessed 68 

Y. 

Yates county, open season for pheasants in 67-68 

when cock or male pheasants may be taken or 

possessed 68 

Yellow bass, when may be taken in Cattaraugus county. 98 

when may be taken in Chautauqua county 98 

Yellow legs, open season for 67 

open season for on Long Island 109 

Young's lake, set lines, tip-ups and spearing, prohibited 

in 102 



